IS IT NOVEMBER 9TH YET? REGULATING POLITICAL ACTIVITY BY STAFF MEMBERS School Law Seminar October 14, 2016 Nathan B. Shepherd & Ashley R. Geisendorfer Ratwik, Roszak & Maloney, P.A.

Employees’ Political Speech Political Speech is At the Heart of the First Amendment But . . . Employees do not have unfettered right to express their political views.

Employees’ political speech Speech is less protected if employee is Speaking pursuant to job duties

Employees’ Political Speech. Entitled to more protection if:. 1 Employees’ Political Speech Entitled to more protection if: 1. Made as a Private Citizen 2. About a Matter of public Concern

Employees’ political speech Disruption v. Public Interest iN the Speech

Employees’ political speech During work Hours and in the Classroom

Employees’ political speech

Clothing as political speech

Other political activity by staff members General Rule: Employees cannot use official authority or influence to compel political activity.

Other political activity by staff members Distribution of Political Materials on School Grounds

Other political activity by staff members Using District Resources for Political Activities

Guidelines for Addressing Employees’ Political Speech

District-Sponsored Political activities Limits on Use of Funds Advocating Passage vs. Providing Facts

Questions? Call Me Maybe?