First Amendment Rights for Educators

What do First Amendment rights look like for educators, and how much protection do those rights provide in schools and other public forums?

You’ll often see statements paraphrasing court opinions that educators and students don’t shed their First Amendment rights when they go to school. This may be true, but the protection the First Amendment provides isn’t absolute and can depend on the situation. Teachers and other educators are almost uniquely impacted by the First Amendment because not only are they individuals, but also they are employees, and their employer is a government entity. This can complicate situations for public school employees. From the perspective of a parent or student, the educator is part of a governmental body, so the educator may also be accused of infringing on someone else’s freedoms under the First Amendment.

In this episode of The ATPE Podcast, ATPE Staff Attorney Jeff Kelly breaks down your First Amendment rights as an educator and the limited protection the First Amendment provides.

The legal information provided here is accurate as of the date of publication. It is provided here for informative purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible ATPE members may contact the ATPE Member Legal Services Department.