Problems & Potential Solutions

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Social Media and the First Amendment
Sonya D Hayes & Jerry R Burkett

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Teachers are Role Models

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What online behaviors could be grounds for dismissal?

•Unprofessionalism

•Inappropriate behavior

•Illegal or reckless behavior

•Stalking students/ too much attention

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“Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition
the Government for a redress of grievances.”
-US Constitution, Bill of Rights, Article I

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 Adler v Board of Education (1952)

Feinberg Law: Teachers can be fired for involvement in subversive organizations

Freedom of speech is restricted especially in a government workplace

Teachers in New York City fired for possible ties to the Communist Party

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 Pickering v Board of Education (1967)
Reversed decision of Adler v Board of Ed

Public employees should not be asked to trade away their

constitutional rights

Supreme Court: statements made on a matter of public concern

cannot be cause for dismissal
• ‘Knowing or reckless falsehoods’
• Caused substantial disruption in the workplace

Pickering Balance Test-- court balances employee’s goals and rights

with the employer’s goals and rights
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 14th Amendment

Right to Due Process

Equal Protection

Government cannot deprive citizens of life, liberty and property

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“Educators are governed by ethical standards
at the national, state, and local level,”
(Hayes & Burkett, 2017).

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 Maintaining
Digital Identity

Watching &
Learning

Protecting
Yourself

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 Who Are You Online?

Determine your digital identity before joining social media

Join the site that best fits this persona

Short and sweet? Try Twitter!

Showcasing photography? Join Instagram!

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 Watch and Learn

Learn from your colleagues!

Emulate good behavior and avoid bad behavior that you see online.

Find an online community of role models to ‘follow’ or ‘friend’

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 Protect Yourself

Take advantage of different social media sites’ privacy settings

Make your online policies clear when it comes to parents and students
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How would I be proactive in dealing with
social media issues for educators?

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Expectations and guidelines developed by teachers and administrators, published for community

Professional Development dedicated to online etiquette workshops hosted for additional support

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Quick Guide to Google +

A Professional (and Personal!) Community

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 Getting Started

A professional Google account is all you need

Get connected with Google + Communities

Organize your contacts with ‘Circles’

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 Let Google + do the heavy lifting!

Posts are only viewed by who you want by cultivating ‘circles’ of contacts

Google’s privacy settings are easily customizable

Google has hundreds of FAQs and tutorial videos to help you get started

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Works Cited

Hayes, S. D., & Burkett, J. R. (2018). Social media and the first amendment:
Educators’ trap game. Journal of Cases in Educational Leadership, 21(2),
52-64. doi:10.1177/1555458917728762

Kind, T., Patel, P. D., Lie, D., & Chretien, K. C. (2014). Twelve tips for using social media as a
medical educator. Medical Teacher, 36(4), 284-290.
doi:10.3109/0142159X.2013.852167

U.S. Const. Amendments I, XIV

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