Educator Rights and Political Participation

By: National Education Association

Published: April 4, 2023

This resource originally appeared on NEA.org

Key Takeaways

Educators have strong First Amendment rights to engage in political activity on your own time and in your personal capacity.

So long as you are not attending outrageous and offensive political events, you can rely on the First Amendment for protection.

Educators have strong First Amendment rights to engage in political activity on your own time and in your personal capacity.

But courts still balance your right to free speech against your school’s interests in controlling the speech.

You should avoid actions that could tip the balance in a school’s favor.

First, you should make it clear that you are not speaking for your school or acting on its behalf.
Second, you should make sure that the event relates to the public interest, and not a private matter at the school.
Finally, you should avoid activity that is truly offensive and inflammatory. If you follow these rules, the balance will nearly always tip in your favor for political speech.

"Politicians make so many decisions that affect my classroom and the profession. I need to be involved so we elect people who are going to make those decisions in a way that is favorable toward public education, public school workers, and the students we serve.”

— Amy Harrison, special education teacher, North Carolina

Marches, Rallies, and Protests

You are free to attend political gatherings. Those can include marches, rallies, protests, and national conventions.

You can speak to reporters at rallies.

You can carry signs.

You can post pictures of yourself at rallies on social media.

The only limited exceptions to this general rule are if you associate with hate groups or similarly offensive groups or events.

For example, a court in Alabama ruled that a police department could fire an officer based on his membership in a white nationalist hate group.

Even then, the court considered that the police department had warned the employee to make sure he kept his job as a police officer separate from his membership in that organization. The employee ignored that warning.

Instead, the officer made a speech to the organization about policing. He also tried to recruit other officers to join the organization.

Finally, the department gave the employee a chance to denounce the organization before it fired him, and he refused. That was an extreme case. Not only was the organization itself repulsive, but the employee also ignored warnings and turned down chances to distance himself.

So long as you are not attending outrageous and offensive political events, you can rely on the First Amendment for protection.

Amnesty International and the ACLU both have resources for how to protest safely.

1 Doggrell v. City of Anniston, Alabama, 277 F. Supp. 3d 1239, 1258 (N.D. Ala. 2017).

Donating and Fundraising

Because some districts have specific rules about political activity, you should review your district’s policies before donating to or fundraising for political candidates.

Generally, you may donate to groups that engage in advocacy. You may also donate to candidates’ campaigns.

You can attend fundraisers for groups and candidates. But you should do so on your own time, on your own computer or phone, should keep this activity separate from your work, and should do so off school premises.

Petitions

You are generally free to sign political petitions or start your own. However, you should make it clear that you are signing in your personal capacity.

You should read the whole petition and be sure you know what you are signing. Avoid signing petitions that include racist, offensive, or otherwise inflammatory language.

As with other speech, the First Amendment will only protect petitions on matters of public concern, which may not include petitions authored by students or some petitions about workplace conditions.

The labor laws in your state may protect petitions calling for changes in workplace conditions as concerted activity.

Civil Disobedience

Some protests include acts of civil disobedience, meaning peaceful actions that violate the law in order to make a point about the need for a particular change.

For example, a group may stage a sit-in on private property, which can lead to arrests for trespassing. Police will sometimes attempt to shut down a protest, arguing that it has become dangerous or it is interfering with traffic. Police may arrest protesters who refuse to leave.

You should be aware that an arrest might affect your employment. Some (CBAs) require educators to notify their employer within 24 hours of an arrest for anything other than a traffic offense.

School districts may also discipline educators, including with termination, if they are convicted of certain crimes. State laws may also prohibit hiring educators based on their criminal history, although protest-related arrests would usually not automatically disqualify an educator.

If you are attending a protest where there is a risk of arrest, plan ahead.

Write down key phone numbers of anyone you would need to call.
Because you may not have access to your phone or other belongings, you may want to write phone numbers of lawyers providing legal assistance to protestors on your arm in permanent marker.

Many National Lawyers Guild chapters operate Legal Support Hotlines. Check if a chapter near you operates a hotline.

2 See, e.g., Master Agreement between the Zanesville Education Association/OEA/NEA and the Board of Education of Zanesville City Schools, Zanesville, Ohio, effective August 1, 2017 to July 31, 2020 (“Zanesville CBA”), Art. V, ¶ 3.4 p.4.
3 See, e.g., Contract between Los Gatos Union School District and the Los Gatos Union Classified Employees Association, July 1, 2019-June 30, 2021 (“Los Gatos CBA”), Art. 15, ¶ E. p. 15-2, https://4.files.edl.io/c23a/06/28/21/204638-d7f67b41-8f17-4c7e-aa60-310c1419fb35.pdf.
4 See, e.g., Ohio Rev. Code § 3319.39(B)(1)(a).

Elections & Campaigns

You can participate fully in elections and campaigns.

As with other forms of activism, you must do it on your own time and should not use school resources. You may support and endorse political candidates.

Except in very rare circumstances that are not relevant here, public employers cannot punish their employees for their political affiliation.

You may volunteer on campaigns. Some CBAs will allow educators to take a leave of absence, without pay, to campaign for office or to campaign for a candidate.

You may also run for office! Some school districts may ask that educators notify the district if they plan to run for office.

5 Hager v. Pike Cty. Bd. of Educ., 286 F.3d 366, 372 (6th Cir. 2002) (citing Elrod v. Burns, 427 U.S. 347, 375 (1976) (Stewart, J. concurring)).
6 See, e.g., Hoboken Board of Education and the Hoboken Education Association Certified Personnel, July 1, 2016 through June 30, 2019 (“Hoboken CBA”), Art. XVIII, ¶ 18.3 p. 20.
7 For example, Seattle Public Schools encourages any employee who intends to run for elected political office to submit a letter of intent to the superintendent two weeks before the filing date. Seattle Public Schools, Staff Participation in Political Activities, Superintendent Procedure 5252SP (Oct. 19, 2011), https://www.seattleschools.org/wp-content/uploads/2021/07/5252SP.pdf.