The American Civil Liberties Union of Alabama took a bold stand on Wednesday, condemning concerned students, parents, media and lawmakers for sharing and responding to social media posts that state employees, specifically teachers, create and share publicly. The move comes as K-12 and university administrators respond to hateful, misleading and even celebratory posts about the assassination of Charlie Kirk.
“The ACLU of Alabama strongly condemns politically motivated violence. Unfortunately, we have been reminded multiple times this year that these killings have tragic consequences for families and communities. They also endanger the free and democratic exchange of ideas,” the group said in a statement.
Calling media reports and public declarations by concerned parents an “organized political effort,” the group wrote, “To protect that same free exchange, the ACLU of Alabama also condemns the targeted harassment of teachers, professors, and other public servants for political statements that they publish in their personal capacity. Our state cannot and should not respond to violence by infringing upon the free speech rights guaranteed by the First Amendment.”
Downplaying or willfully ignoring the contents of many messages that are being reported on, which include:
- The celebration of Kirk’s death by a graduate student and employee of Auburn resulting in the termination of his employment
- A University of Alabama in Huntsville department chair who wrote"When someone says Charlie Kirk was a good Christian man, what they're really saying is that Christianity and White Supremacy are the same thing."
- Commentary from one Montgomery teacher that included her saying, “I hope he suffered."
- An alleged inappropriate classroom discussion attacking Kirk’s beliefs
- A journalism professor at University of Alabama whose comments calling Kirk's assassination "Right on right crime" and questioning the significance of the event and its media coverage. Comments that closely mirror those that resulted in Jimmy Kimmel's show being suspended indefinitely by Disney and the FCC chairman condemning them.
ACLU instead described those teachers posts as Alabamians offering “thoughts, remembrances, and analyses of Kirk’s career," saying, “In response, some of the state’s most powerful politicians have used their influence and platforms to call for the firing of public educators whose statements offended their sensibilities.”
"For example, State Superintendent Dr. Eric Mackey sent a memo to local school leaders this past weekend threatening that certain posts by Alabama teachers “could constitute a violation of our Alabama Administrative Code and the Educator Code of Ethics as well as other provisions of law," the group said.
Ironically, while the ACLU guidance for Alabama teachers does not address limitations based on the provisions of the law that Mackey cited, multiple other states do provide teachers guidance that does.
For example, even in the liberal state of California, the ACLU recognizes that the court in (San Diego Unified Sch. Dist. v. Comm’n on Prof’l Competence, 194 Cal. App. 4th 1454 (2011)) upheld a school's right to dismiss a teacher based on online activities outside of the classroom with the district calling the behavior "immoral conduct." Their guidance warns teachers, "[if] you use social media in a way that might be considered to adversely affect school functions or your ability to teach, the First Amendment may not protect you."
The ACLU concluded its statement by saying, "Core political speech is worth defending, even when it is controversial, and the ACLU of Alabama remains steadfast in its 60-year commitment to defending free speech in our state."
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