Here’s What Won’t Work, And What Might – Lawsuits Over Bans On Teaching Critical Race Theory Are Coming
Frank LoMonte, University of Florida
As states and school districts started threatening teachers with disciplinary action for teaching about systemic racism, the question naturally arose: Does this violate the teachers’ First Amendment rights?
The First Amendment protects free speech against government punishment, outside of something as extreme as a threat of violence. A school district is a government agency. So anyone punished by a school district for nonthreatening speech seems to have the makings of a First Amendment case.
But from years of teaching and researching First Amendment case law, I know that this is where things get complicated.
Public school teachers are government employees. And thanks to a much-disputed Supreme Court decision from 15 years ago, government employees, ...