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Teachers Rights:

Social Media
Laura A. Krcelic
American College of Education
EL 5753 Law and Policy
Dr. Maria Orlando
Social Media is growing platform
with approximately 3.5 billion users
worldwide

Overview Classroom versus Personal Use

Freedom of Expression
First Amendment
“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” (United States Constitution, 1792).

Constitutional
Law
Personal Social Media has the freedom
of expression, whereas, school social
media is subject to further regulations
Statutory Law
• Use of social media that is accessible by the
school community is subject to district or
Ohio Department of Education Review
• Teachers are expected to maintain appropriate
boundaries
• “While maintaining their constitutional rights,
educators recognize that when use technology,
the words they choose and the content of their
statements can reflect negatively on their
positions, schools and the profession” (Ohio
Department of Education, 2019)
The statutes identified by the Ohio Department of
Education are then enforced by the individual districts
Board of Education

Administrative
Law
Warren City Schools address this in the Code of Ethics
in the Freedom of Speech in Non-instructional Setting
Refrain from comments
State their beliefs do not
No discussion of that take away from the
necessarily align with the
individuals information “harmony” in the
district
workplace
Judicial Law
Pickering v. Board of
Education (1968) was a
supreme court case that
determined that a science
When rights have been impeded, teacher had the right to send
judicial law is able to assess the a letter to the editor of a
situation and whether the outcome local newspaper. Pickering
aligned with the rights of the had been fired for criticizing
individual or the district how the Board of Education
allocated district funds.
• Provided insight into the role of
teachers expressing their
viewpoints even thought they do
not align with the district
Allows
Separation of
educators to
personal
recognize
Contribution their
representation
views and
views of the
district
to of the school

Professional Freedom of
District
policy is a
Expression
Practice protected
through First
reflection of
the state and
federal
Amendment
policies
References
• Hudson, D. L. (2017). Rights of Teachers. Retrieved from https://wwwmtsu.edu/first-
amendment/article/973/rights-of-teachers
• Mohsin, M. (2020, February 18). 10 Social Media Statistics You Need to Know in 2020
[Infographic]. Retrieved February 20, 2020, from
https://www.oberlo.com/blog/social-media-marketing-statistics
• Ohio Department of Education. (2019). Licensure Code of Professional Conduct for Ohio
Educators. Appropriate and Responsible Use of Technology.
• U.S. Const. amend. Amendment I.
• Warren City School District. (n.d.). Policy Manual: Professional Staff. Retrieved February
20, 2020, from https://go.boarddocs.com/oh/warrenoh/Board.nsf/Public?open&id=policies#

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