School Employees’ Political Speech
With the campaign season in full swing, school officials are asking about the rights of employees to participate in the political process. Can a teacher wear a campaign button? What about use of district email for political advocacy? When questions like these come up, there are several legal considerations.
First, the political activity of public employees who are acting or speaking in their capacity as public employees is not entitled to First Amendment protection. Also, state law makes clear that school district resources cannot be used to promote political candidates or ballot measures.
Second, school employees may express their political views and participate in political activities on their own time, and with their own resources, so long as the employee’s off-duty speech or activities do not adversely affect school operations or the employee’s effectiveness on the job.
These general rules are summarized in policy DGA (Local), which states that an employee’s participation in community, political, or employee organization activities shall be entirely voluntary and shall not:
1. Interfere with the employee’s performance of assigned duties and responsibilities.
2. Result in any political or social pressure being placed on students, parents, or staff.
3. Involve trading on the employee’s position or title with the District.
State elections laws also prohibit school employees from directly or indirectly using district resources to advocate for or against a candidate or a ballot measure. This would apply to district facilities, supplies, email systems, and mailboxes.
Given the existing legal principles above, the activities below can be prohibited during school employees’ duty time:
1. Soliciting votes, contributions, or support for or against a particular candidate or ballot measure.
2. Discussing with students personal opinions regarding a political candidate or ballot proposition, unless the topic is directly related to the approved curriculum.
3. Preparing, displaying, wearing, or distributing campaign literature, clothing, materials, or signs for or against a candidate or ballot measure (this prohibition does not apply to bumper stickers on personal vehicles provided that the style and content of the bumper sticker is not obscene, profane, disruptive, or otherwise in violation of district rules).
4. Soliciting volunteers to assist with a campaign for or against a political candidate or ballot measure.
5. Preparing for, organizing, or participating in a political meeting, petition, rally, or event.
6. Using any district resources for political or campaign activities, including but not limited to district facilities and property, funds, supplies, fax machines, copiers, computers, employee mailboxes, or e-mail accounts.
Be sure these general rules are applied uniformly and fairly. At least one Texas federal court concluded that a payroll clerk’s free speech rights were likely violated when she was fired after encouraging a colleague to vote for specific school board candidates over their duty-free lunch break, candidates that the Superintendent opposed. The court added that there was no evidence that the comments interfered with the employee’s performance of her duties and no evidence of pressure being exerted by her brief remarks. If you encounter a question or issue related to employee campaign or political involvement and are unsure about what is permissible and what is not, contact your district’s legal counsel for guidance.
Contact Walsh Gallegos attorneys toll free at the numbers listed below:
Austin Office – 800.252.3405
Houston Office – 888.565.6864
Irving Office – 800.231.4207
Rio Grande Valley Office – 866.770.6864
San Antonio Office – 800.232.9169
Albuquerque Office – 800.771.6864
This email update was prepared by Walsh Gallegos attorney Karla Schultz and is provided as a benefit of the Walsh Gallegos retainer program. The information in this email was created by Walsh Gallegos Treviño Russo & Kyle P. C. It is intended to be used for general information only and is not to be considered specific legal advice. If specific legal advice is sought, consult an attorney.
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