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Local ACLU: ‘Public employees do not surrender their First Amendment rights when they accept government employment’
An Arkansas high school biology teacher terminated for lauding the killing of conservative activist Charlie Kirk on social media is suing his school district for violation of his First Amendment rights.
The Arkansas Advocate reports that on the day of Kirk’s shooting, Joshua Duncan, a “highly decorated” 18-year veteran teacher, posted on his personal Facebook page a quote allegedly from Clarence Darrow: “I’ve never wished a man dead, but I have read some obituaries with great pleasure.”
He added “Just seemed fitting today.”
According to his lawsuit, Duncan deleted the post approximately 12 hours later which allegedly was seen by only about 1,200 of his Facebook friends.
The Arkansas Democrat-Gazette reports that four days later, Duncan wrote an apology to his principal stating “he would ‘take any corrective steps the District feels are appropriate.’”
Duncan (pictured) also posted an apology on Facebook, writing “I am committed to learning from this mistake and ensuring that what I put into the world reflects my sincere compassion and understanding … I am determined to do better.”
Russellville School District Superintendent Luke Lovins nevertheless recommended to the school board that Duncan be fired based on violations of District Policy 3.45, Licensed Personnel Social Networking and Ethics.
The policy notes in part that posts on social media “could potentially lead to disciplinary action being taken.”
“Staff are reminded that the same relationship, exchange, interaction, information, or behavior that would be unacceptable in a non-technological medium, is unacceptable when done through the use of technology,” the policy reads. “A good rule of thumb for staff to use is, ‘if you wouldn’t say it in class, don’t say it online.'”
In addition:
Whether permitted or not specifically forbidden by policy, or when expressed in an adult-to-adult, face-to-face context, what in other mediums of expression could remain private opinions, including “likes” or comments that endorse or support the message or speech of another person, when expressed by staff on a social media website, have the potential to be disseminated far beyond the speaker’s desire or intention. This could undermine the public’s perception of the individual’s fitness to educate students, thus undermining the teacher’s effectiveness. In this way, the expression and publication of such opinions could potentially lead to disciplinary action being taken against the staff member, up to and including termination of the contract of employment.
The lawsuit claims Duncan’s post “did not disrupt operations” at his school, nor were students “adversely affected” by it.
The complaint also says it is “likely” Duncan did not get a position at another school district for which he “was qualified” due to his firing from the Russellville district.
Arkansas ACLU Legal Director John Williams said in a July 8 press release regarding the case that “public employees do not surrender their First Amendment rights when they accept government employment.”
Duncan is seeking reinstatement of his teaching position, attorney’s fees and associated costs, and “any other necessary and proper relief to which [he] is entitled.”
Several individuals fired from their positions for similar anti-Kirk remarks have filed lawsuits and won settlements. A pair of professors in Tennessee agreed to settlements of $1.9 million and $500,000 respectively, Ball State University’s director of health promotion and advocacy settled for $225,000, and a Clemson professor agreed to resign his position, but not before receiving five months of pay and benefits.
MORE: U. South Dakota can’t fire professor for calling Charlie Kirk a ‘Nazi,’ judge rules
