School officials defended the leaves as only a first step to determine whether additional discipline is warranted. But if firings are considered, First Amendment lawyers said, the Constitution provides formidable protection for public employees who, acting in a private capacity, speak on matters ...

School officials defended the leaves as only a first step to determine whether additional discipline is warranted. But if firings are considered, First Amendment lawyers said, the Constitution provides formidable protection for public employees who, acting in a private capacity, speak on matters of public concern.

“My general reaction is to make sure that schools aren’t overreacting and punishing or disciplining their employees merely because what they say is offensive,” said Justin Silverman, executive director of the New England First Amendment Coalition, a nonprofit advocacy organization.

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The posts were made as teachers face increased scrutiny from political groups and their own communities for social media activity. Over the last several years, many teachers across the country have been disciplined for posting about their political beliefs, supporting or criticizing certain social movements and geopolitical events, and discussing their sexuality.

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The leaves also come as the Trump administration continues to ratchet up pressure against the speech of political opponents. The ABC television network this week indefinitely suspended the late-night show “Jimmy Kimmel Live!” after Kimmel, the longtime host, criticized the MAGA movement’s reaction to Kirk’s killer, Tyler Robinson.

Authorities said they are continuing to investigate Robinson’s motives. Before ABC’s decision, Federal Communications Commission chair Brendan Carr had threatened to revoke the network’s affiliate licenses because of Kimmel’s comments.

Earlier, in the wake of comments celebrating Kirk’s death, US Attorney General Pam Bondi suggested that federal authorities prosecute “hate speech.” She later backtracked amid a firestorm from both ends of the political spectrum, saying that the Justice Department should target hate speech that leads to violence.

“The murder of Charlie Kirk was a tragedy. Government officials should not exploit that tragedy, however, to censor political speech they don’t like,” said Alex Abdo, litigation director of the Knight First Amendment Institute at Columbia University.

In announcing the moves, school authorities cited concerns about student safety, maintaining institutional values, and potential distress caused by inflammatory and insensitive comments on social media.

“As educators, the safety and well-being of all students are primary,” read an announcement last week from the Wachusett Regional School District, a Central Massachusetts district that has placed two teachers on leave.

One of those teachers allegedly posted, “Just a reminder, we’re NOT offering sympathy,” following Kirk’s assassination Sept. 10 during a speaking engagement at Utah Valley University.

In another post, allegedly by a Framingham teacher, a woman sings “God Bless America” as the video zooms in on televised news of Kirk’s death.

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And in a third, a teacher at Timberlane High School in Plaistow, N.H., allegedly wrote, ”Yeah, I’m glad he’s dead.“

The alleged author, who said he had been fired previously because he is gay, added: “So stop with the pontificating lectures about how we no longer live in a civil society.”

In addition to the two Wachusett employees, at least five other teachers and staff have been placed on leave in Massachusetts or are having their posts reviewed: two in Peabody, one in Sharon, one in Framingham, and one in Ipswich. A high-school teacher in Barrington, R.I., also has been placed on leave.

In Malden, a school resource officer has been reassigned within the Police Department because of social media comments about Kirk’s shooting, authorities said.

Although public-school teachers and staff have constitutional rights as private citizens to speak on public matters, such protection can be limited if the speech could damage or disrupt the workplace, First Amendment specialists said.

In such cases, school officials and the courts must balance whether the potential damage outweighs the speech’s value.

“That requires a careful look at the context of the speech, the exact words that were spoken, and what disruption, if any, there was to the workplace,” Silverman said.

Such damage could include a teacher’s inability to interact with colleagues after a post, effectively lead a class, or interact with parents and students, as well as whether students feel safe and supported, First Amendment specialists said.

However, Silverman added, “just because that speech causes some disruption doesn’t mean the disruption will outweigh the employee’s right to say those things. I can’t overstate how much protection political speech is given by the First Amendment.”

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Often, cases with potentially significant damage involve statements perceived to be racist or discriminatory, said Jeffrey Pyle, a First Amendment lawyer and partner at Prince Lobel in Boston.

“That puts a lot of power into the hands of judges. What’s more important: the speech of the teacher or the interest articulated by the school?” Pyle said. “All of these tests, though, are supposed to be politically and ideologically neutral.”

Local teacher unions declined to comment on the moves, but the Massachusetts Teacher Association, which represents 117,000 members and 400 local associations in public schools, colleges, and universities across the state, said it would monitor the cases closely.

Death threats and promises of violence have escalated against American educators after Kirk’s death, MTA officials said.

“The ongoing campaign by extreme-right conservatives to discredit and defund public education has grotesquely exploited the shooting death of Charlie Kirk to launch attacks against people commenting on this public figure’s beliefs and statements,” according to a Wednesday statement by MTA president Max Page and vice president Deb McCarthy.

“The MTA will ensure that its members are treated fairly and will advocate for their safety and the safety of their public schools, colleges, and all of our students.”

The ACLU of Massachusetts also expressed concern.

“It is essential, especially in times of crisis, to preserve and uphold our nation’s core values of free expression and open debate. We can and should condemn acts of violence while preserving the ability of all people to voice disagreements on matters of public concern — including sometimes harsh criticism of public figures," said Carol Rose, executive director of the state ACLU.

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“Reports of employers, both private and public, investigating and firing workers for comments made in a personal capacity are concerning, and depending on the facts, may raise significant constitutional issues.”

In addition to constitutional questions, First Amendment advocates said the pushback against social media comments on Kirk’s legacy could affect free speech generally.

“It is possible that the instinct would be to suspend first and ask questions later. Then, you can say you have conducted an investigation, which doesn’t result in any disciplinary action,” Pyle said. “That, in itself, is its own threat to free speech because nobody wants to be suspended, and that has potential to create a powerful chilling effect.”

“I think the public and students benefit,” he added, “when their teachers are willing to talk about public issues, even if it means they might be misunderstood or they might be offended.”


Brian MacQuarrie can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it..