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2017

Institution

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When Teachers Go Viral: Balancing Institutional Efficacy Against The First Amendment Rights Of Public Educators In The Age Of Facebook, Watt Lesley Black Jr. Jan 2017

When Teachers Go Viral: Balancing Institutional Efficacy Against The First Amendment Rights Of Public Educators In The Age Of Facebook, Watt Lesley Black Jr.

Missouri Law Review

How can public school administrators reach legally and ethically defensible decisions in cases as widely divergent as Keith Allison and Karen Fitzgibbons? How can they protect the efficacy of their school systems while still respecting the First Amendment rights of their employees? When can they take adverse employment action against educators on the basis of speech that is posted online, and under what circumstances is that speech protected? Does the Connick public concern requirement effectively remove all constitutional protection from public educators who are active on social media, irrespective of whether their speech is disruptive? This Article addresses these questions …