Teachers’ Rights on Trial

Do teachers deserve the same First Amendment protections as every other person in the U.S., or should there be limitations because of their employment?

That was the question at the Peninsula School District board meeting Oct. 15 when the topic of proposed Policy 5254 was brought up. This policy on staff expression states: “Employee expression on social media platforms that interferes with the district’s operations or prevents the district from functioning efficiently and effectively may be subject to discipline up to and including termination.”

Does the ambiguity of this policy fail to protect staff members from arbitrary termination?

Every member of the school board voted to approve the policy despite teachers, former teachers, parents and students alike calling for more specificity.

One of them was retired Peninsula High School educator Jonathan Bill, who spoke about how such a policy would affect the staff.

“I’m really proud that after 32 years in the district my colleagues and I fully understand how our First Amendment rights were limited when we were on the job, when we were representing the district, when we were in the classroom,” he said. “But we also treasured the right to self-expression that we had as private citizens. And we never understood that we were to give those up as a condition of employment.”

A current teacher at Peninsula, Ben Pinneo, also advocated for the rights of staff members in the district, describing “types of outside activities Peninsula staff can be potentially punished for participating in and attending on evenings and weekends, which may upset, apparently, a vocal set of self-appointed, keyboard warrior, local morality police, who were just recently successful in forcing out a talented and beloved educator.”

He said such activities could be “Attending an LGBTQ+ event ... attending a political or human rights protest or rally ... attending a police violence protest or a Black Lives rally ... sending political donations to an organization,” all outside their contract hours.

It’s no mystery what the catalyst for creating this policy is. Recently the Peninsula School District lost, as Pinneo pointed out in his testimony, “a talented and beloved educator.”

K. Wayne, a queer and transgender individual who goes by they/them pronouns, is someone I had the pleasure of interviewing after they resigned from their position as a Peninsula High School English teacher Sept. 30.

Wayne was outed on social media earlier that month for their hobby: doing drag shows. When some parents and students in the district heard there was a teacher who did drag, they didn’t hesitate to make their strong opinions known.

When I asked Wayne what made them choose to leave Peninsula, they replied “It was really just the harassment I received from the community and the videos that were being produced by a YouTube commentator. After all those videos came out I received a lot more harassment and I ended up receiving death threats. The union was really concerned about my physical safety, so I made the decision to leave. It was a mutual agreement (with the district).”

Our conversation shifted to Policy 5254, and I asked them their opinion on it based on their personal experience.

“It’s an easy excuse, essentially, to fire people if they don’t fit a certain agenda or status quo,” they said.

One of the big questions I had for Wayne was what they did to create such a safe environment in their classroom. They had a reputation for being a very welcoming and accepting person who students could trust at my school. I was curious how they managed that, so I asked.

“I think the biggest reason is that I’m out. The fact that I live my life unapologetically and genuinely. I became a safe space not only because I can understand and empathize with what they are experiencing being a queer student or feeling like an outsider in this type of community, but I’m someone who can be a representation ... I’m never going to question your gender identity. I’m never going to question your sexuality, because I get it.”