Teachers
Can be Barred From Wearing Political
Campaign
Buttons in Classroom
Printer
Friendly Versions:
A U.S. district court has ruled that New York
City’s Board of Education (NYCBOE) can prohibit teachers from wearing political
campaign buttons in school, but it cannot bar the posting of political
materials in teacher and staff only areas of schools and distributing of
political materials in teacher mailboxes. The United Federation of Teachers
(UFT) sued, on behalf of three teachers employed by NYCBOE, seeking to prevent
enforcement of the board’s regulation that prohibits: (1) wearing political
campaign buttons in NYCBOE buildings, (2) posting candidate political materials
on bulletin boards designated for union use in NYCBOE buildings, and (3)
placing candidate-related political materials in staff mailboxes in NYCBOE
buildings. UFT argued that the regulation violates the teachers’ free speech
rights under both the federal and state constitutions.
With respect to the button ban, UFT asserted,
based on James v. Board of Education of Central School District of the Town of
Addison, 461 F.2d 566 (2d Cir. 1977), that the teachers wearing of political
buttons in the classroom is constitutionally protected speech unless school
officials can demonstrate it would materially and substantially interfere with
the public interests in discipline or sound education.
The district court then addressed “whether
there is a reasonable connection between [NYCBOE’s] political button ban and
their legitimate pedagogical concern with the maintenance of neutrality.”
Conceding that there was no factual support for a finding that students and
parents would view teachers wearing the buttons in the classroom as carrying
the board’s imprimatur, it determined that the case turned on whether NYCBOE
was entitled to deference on the issue. The district court concluded that
NYCBOE was entitled to deference based on the board’s expertise in educational
matters. However, it cautioned that such deference was not blind and that “[a]ny determination by school authorities that impinges on
free expression is subject to judicial review.” In regard to the provision in
NYCBOE’s regulation banning the buttons, the court found it was content
neutral, teachers had ample alternative avenues for expressing their views, and
UFT had not suggested any less restrictive means by which NYCBOE could avoid
the perceived risk.
Turning to the UFT’s claims regarding the
bans on using teacher bulletin boards and mailboxes for political campaign
materials, the district court pointed out that NYCBOE permits the distribution
of partisan political literature related to union activities through the
mailboxes. The court failed “to see a permissible basis for distinguishing
between political advocacy in union newsletters and in other campaign literature.”
In regard to the bulletin boards, it found UFT’s position even stronger because
those boards were in areas closed to students.
This
article was reprinted with permission from the NSBA’s Legal Clips service.