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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.
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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.
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Employees’ political speech Speech is less protected if employee is Speaking pursuant to job duties
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Employees’ Political Speech. Entitled to more protection if:. 1
Employees’ Political Speech Entitled to more protection if: Made as a Private Citizen About a Matter of public Concern
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Employees’ political speech Disruption v. Public Interest iN the Speech
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Employees’ political speech During work Hours and in the Classroom
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Employees’ political speech
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Clothing as political speech
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Other political activity by staff members
General Rule: Employees cannot use official authority or influence to compel political activity.
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Other political activity by staff members
Distribution of Political Materials on School Grounds
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Other political activity by staff members
Using District Resources for Political Activities
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Guidelines for Addressing Employees’ Political Speech
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District-Sponsored Political activities
Limits on Use of Funds Advocating Passage vs. Providing Facts
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Questions? Call Me Maybe?
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