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Social Media Policies For Employees in the Educational Setting
As a new school year begins, the use of social media is more prevalent in the classroom than ever. Many schools have adopted the use of the Internet for administrative tasks, such as registering for classes, assigning and completing homework assignments, and for communications between teachers and students. And while many school districts have adopted social media policies relating to the regulation of its students' actions, many have not implemented similar policies with respect to its employees, including teachers and other staff. Some recent case law regarding the termination of school employees involving their use of social media are instructive regarding the importance of implementing clearly defined policies for this issue. Indeed, the policies should apply to the administration, faculty and staff of the school districts, along with strict policies for students.
First Amendment Issues
Generally, school district employees are considered public employees and cite to the First Amendment to protect their right to join and post to social media websites. In this regard, in a case in the U.S. District Court for the Eastern District of Pennsylvania, Munroe v. Central Bucks School District, Civil Action No. 12-03546 (E.D.Pa 2014), U.S. District Judge Cynthia M. Rufe noted that “a public employee's speech is protected when he or she 1) speaks as a private citizen upon 2) a matter of public concern and 3) the employee's interest in exercising his or her First Amendment rights are greater than the employer's interest in the efficient operation of the public agency.” Rufe explained that a school employee's interest in exercising his or her First Amendment rights must outweigh the school district's interest in effectively operating within the community. The courts are tasked with examining the content, form and context of the social media statement by the employee that leads to a fact-sensitive inquiry that requires careful consideration of the entire record, including both the issue of public concern and the employer's interest.
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