We are in the midst of an historic election cycle, and shocking current events have driven many citizens to react on social media, sometimes in ways that push the boundaries of good taste. As an educator, you retain your First Amendment rights to engage or disengage in politics, but it is critical to remember how both your personal and professional conduct may impact your employment.

Public school educators and personnel do not have unfettered free speech rights in the workplace. A public school’s interest, such as a safe and effective learning environment, may be weighed against an educator’s right to free speech. When performing job duties, such as providing instruction or attending meetings, a public school employee represents the government, and the government can limit employee speech.

School districts can require that employees remain neutral or act without bias when it comes to hot topics, including elections. As an educator, when it comes to civic and politically minded communications or interactions on the job, it’s best and safest to remain neutral.

As a private citizen, you certainly maintain your free speech rights, but take care to remain as professional as possible and avoid making statements that might cause concern about potential bias in your professional role. As an educator, you are held to a higher standard when it comes to how you conduct yourself before others.

While at work:

• Stick to the TEKS, approved curriculum, and related materials regarding lessons and classroom discussions.
• Check in with your administration for questions about any topic or assignment that touches on elections.
• Cover candidates and issues objectively without sharing your opinion or showing any political bias.
• If sharing personal opinions with co-workers, be mindful to do so during non-work time and not to use district resources, including email, paper, copiers, etc. Look to ATPE and websites such as Texas Educators Vote for guidance on encouraging public educators to advocate for their profession at the ballot box within legal parameters.

While off work:

• Consider that what you share online or with the local newspaper will be viewed by your school community. You can voice your opinions, but consider how students, their parents, or colleagues might respond.
• Always maintain professional communication and avoid statements or language that attacks, harasses, or demeans others.

As a citizen, you have the right to your personal political beliefs, but in this political climate, please ensure that you maintain professionalism and remain neutral when interacting with students.

The legal information provided here is accurate as of the date of publication. It is provided here for informative purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible ATPE members may contact the ATPE Member Legal Services Department.