Advertisement
Court Upholds Firing For Teacher Who Called Students “Future Criminal” on Facebook
Get articles like this
in your inbox
The longest running and most trusted source of information serving talent acquisition professionals.
Advertisement
By Eric B. Meyer
Jennifer O’Brien has a master’s degree in education and certifications as an elementary school teacher and supervisor.
All that education and no common sense.
O’Brien was assigned to teach the first grade in the City of Paterson (New Jersey) school district. All of her students were either African-American or Latino.
About fourth months into her teaching tenure, O’Brien posted two statements on Facebook:
“I’m not a teacher — I’m a warden for future criminals!”
“They had a scared straight program in school — why couldn’t [I] bring [first] graders?”
Racist, you say? Not so, claimed O’Brien.
Still, the stink of O’Brien’s brain farts wafted far and wide; the School Superintendent, reporters, angry parents. Unable to take the stench anymore, O’Brien was discharged.
At her tenure hearing before the Superior Court of New Jersey, Appellate Division, the court upheld the firing in this opinion. It emphasized that O’Brien’s postings were not entitled to any First Amendment protection, because she was engaged in “personal expression” of dissatisfaction with her job and was not addressing a matter of public concern.
The Court added that even if the comments were a matter of public concern, the district’s need to operate its schools efficiently trumped O’Brien’s right to express her views on Facebook. Indeed, it becomes “impossible for parents to cooperate with or have faith in a teacher who insults their children and trivializes legitimate educational concerns on the internet.”
‘Private employers, you can learn a few things from this decision:
This was originally published on Eric B. Meyer’s blog, The Employer Handbook.