A Teacher's Remarks

A Florida teacher's remarks on his Facebook page have earned him an investigation and temporary suspension from his teaching position. The remarks posted by Jerry Buell on his personal Facebook account, from his own personal computer at his home, were made in response to the approval of gay civil unions in New York State.

According to the Lake County School district, the comments were disturbing because gay students might read the statements and feel frightened or intimidated by the teacher's anti-gay comments. It's doubtful that the school district ever investigates pro-gay comments which might make a heterosexually-oriented or religiously-oriented student feel frightened or intimidated. As a matter of fact, it is much more likely that the school district tacitly, if not as a matter of policy, approves of pro-gay rhetoric and teaching without any regard for other views. Even strongly held religious views, where not openly mocked, are at best not considered a valid basis for refusing to hold "Tolerant" pro-gay views in most public-paid educational venues.

Actually, the most disturbing element of this entire incident is the school's insistence that Mr. Buell's Facebook page is not private. The District's Communication Officer "also disputed the notion that Buell’s Facebook account is private. 'He has (more than) 700 friends,' he said. 'How private is that – really?'"

How private, indeed. Either this is a profound failure to understand the First Amendment, or a deliberate misdirection by the Lake County School District. The First Amendment is not limited to protecting one's right to speak in private- it protects the right to speak private opinions in a public venue. This teacher did not give up his right to have private opinions, nor his right to publicly express opinions. He does not have the right to suggest that he is speaking for his employer, but there is no suggestion that anyone thought he was a school district spokesman. Does it frighten no one else that this school district seems to not understand or care about First Amendment freedoms?

The investigation by the Lake County School District appears to be nothing more than retribution against the teacher for holding opinions which are not consonant with those held by the "Tolerant" in the school district. One can only hope that a Court can be found which would recognize and protect Mr. Buell's First Amendment rights.