At least 20 teachers in California’s K-12 schools are facing disciplinary action after they made derogatory comments about right-wing political activist Charlie Kirk in the wake of his assassination last month.
Most of the disciplinary investigations are based on comments that teachers made on social media during non-working hours, a possible violation of their right to free speech, said David Goldberg, president of the California Teachers Association, the state’s largest teachers union.
“People are ready to pounce on educators. The goal is to sow fear,” Goldberg said. “It’s part of a larger attempt to bring the culture wars into schools and silence teachers.”
Kirk was fatally shot during a campus event at Utah Valley University on Sept. 10, in what officials described as a political assassination. Following his death, hundreds of people who criticized Kirk’s ideology have been fired, disciplined or doxxed — had their private information posted online to stoke harassment.
Other states have seen far more teachers fired or disciplined for Kirk-related comments. In California, state laws protecting free speech and strong union contracts have so far kept the numbers relatively low. Texas, for example, is investigating at least 280 teachers for criticizing Kirk.
In California, one of the incidents happened in the Pacheco Union School District in Redding, where a teacher allegedly posted, “You reap what you sow, Mr. Kirk” on their personal social media account. The district has not named the teacher. Other news organizations have published his name, but CalMatters was unable to independently confirm it.
Earlier, the teacher had also allegedly posted a video of Republican Rep. Marjorie Taylor Greene with the words, “Will someone please kill her?” The teacher was placed on paid leave and then the school board fired him.
“We are committed to ensuring that our classrooms and our entire school community remain a positive and secure place for all students to learn and grow,” Superintendent Jakob Fuller wrote on the school’s website. “The district does not condone violence in any form and is committed to maintaining a safe and respectful environment for all.”
Another incident occurred at the Dry Creek Unified School District, a TK-8 district in Roseville, near Sacramento. A middle school teacher apparently called Kirk “a piece of s — ,” among other things, on their personal social media account, prompting a swift backlash from parents and others.
The district would not confirm the teacher’s identity, and while it has been reported by other news organizations, CalMatters was unable to independently confirm it. The teacher, who did not respond to emails from CalMatters, is on paid leave until the district completes an investigation.
“The post is both unprofessional and concerning,” the district said in a statement. “The personal comments allegedly made by the employee do not reflect the values, standards, or mission of the district. We are taking this matter seriously.”
Jonathan Zachreson, a conservative education activist in California, said he’d like to see accountability for the teacher and condemnation from the union. A board member for a different Roseville school district, Zachreson has been an outspoken advocate for K-12 policies notifying parents if students identify as LGBTQ, a policy Kirk also championed. Dry Creek board members could not comment on the case because the investigation is ongoing.
Zachreson said incidents such as these should be handled on an individual basis, depending on the nature of the comments and how private the posts were. But if the Dry Creek district’s investigation concludes that the teacher did write that comment, the teacher should be fired, he said.
“Many parents don’t want their kid in a classroom with someone like that,” Zachreson said. “Freedom of speech doesn’t mean freedom from consequences.”
California has laws that prohibit employers from firing workers over their political views. And the First Amendment guarantees freedom of speech, but there are some limits: Employers have a right to restrict workers’ speech if it’s disruptive to the workplace.
Erwin Chemerinsky, dean of the UC Berkeley Law School, said that teachers posting to their private social media accounts during non-work hours is not likely to disrupt their classroom work.
“There’s always the impulse to punish speech we don’t like. But the First Amendment protects all speech,” Chemerinsky said. “Once you open this door, it could set a very dangerous precedent. What about teachers who criticize Donald Trump?”
The California School Boards Association hasn’t provided school boards with specific guidance on handling Charlie Kirk comments because each district has its own contract with teachers, and personnel matters are considered a local issue.
But typically, a teacher who’s suspected of disrupting the workplace through inappropriate speech would be subject to a district investigation and, if found to be at fault, discipline from the school board. New employees who are still on probation have fewer protections, but any employee could face consequences ranging from a reprimand to termination. The teacher could protest the action by filing a grievance, and if that fails, they could appeal the decision. Some teachers in other states have filed lawsuits. Teachers at private schools typically have fewer protections.
Regardless of the outcome, the process can be disruptive to staff and harmful to students, Goldberg said. Students could lose their teacher midway through a school year, and teachers “could have their lives turned upside down,” he said. Most teachers lack the resources and patience to take on a protracted legal fight that in the current political climate might not be successful, he said.
That’s why the union recently advised its members to be extra cautious when posting online.
“We tell educators, know your rights and bring in your union rep,” Goldberg said. “We need to be careful in this climate and look out for each other.”
Read more on Santa Cruz Sentinel
