Attorney General Todd Rokita has sent legal guidance to school superintendents and public university administrators explaining their authority consistent with the First Amendment to discipline or terminate educators who make public statements that are disruptive to school operations.
This advice was given in response to some Indiana educators making statements that excused or celebrated the recent death of Charlie Kirk.
The Attorney General’s guidance made clear that while educators retain First Amendment rights, those rights are not unlimited in the government employment context. Courts have consistently recognized that public employers may regulate government employee speech, including speech made in an employee’s private capacity, when it disrupts government operations.
As the Supreme Court has said, “when a citizen enters government service, the citizen by necessity must accept certain limitations on his or her freedom.” Garcetti v. Ceballos, 547 U.S. 410, 418 (2006). Rokita stated this is especially true for teachers, who occupy uniquely sensitive and important positions.
The Attorney General’s guidance also explained in many if not most cases, the speech some public-school teachers have engaged in about Charlie Kirk could be proper subjects for disciplinary action by schools.
The Attorney General’s Office has received hundreds of complaints from parents and other concerned Hoosiers about comments made by educators on social media and in other forums. The Attorney General encourages citizens to continue submitting complaints to the Eyes on Education portal at in.gov/attorneygeneral/education-liberty/.
The full letter can be found below:
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