Carroll schools’ non-disparagement clause could violate First Amendment, group warns
Carroll school officials received a letter warning them that the non-disparagement clauses in employee contracts may not hold up in court and could violate the First Amendment.
The Rutherford Institute, a nonprofit civil liberties organization, sent the letter Friday to Superintendent Lane Ledbetter and to school board members after news stories surfaced about the non-disparagement agreements.
The Carroll school district did not respond to an email from the Fort Worth Star-Telegram seeking comment.
The letter stated, “The courts would likely find such a restriction on speech by a public school to be in violation of the First Amendment. Because the non-disparagement clause only prohibits criticism of the District, its officials, and employees—but does not prohibit employees from praising or commending the District and its officials—it would likely be considered impermissible viewpoint discrimination which is prohibited by the First Amendment. Therefore, we urge you to reconsider this ill-advised course of action in order to better respect the rights of your employees and ensure that your policies align with the spirit and the letter of the Constitution.”
The letter went on to say that the First Amendment prohibits government officials from retaliating against individuals for engaging in “protected speech.”
In October, teachers attending a training session were told to provide alternative sources if they have books in their classrooms about the Holocaust.
The session focused on a new state law requiring teachers to present different perspectives when teaching about widely debated and controversial issues.
A recording of the training session was leaked to the media, which resulted in national criticism.
The school district apologized for what was said and stated that there is only one side of history when discussing the Holocaust.
But last month, teachers learned of the non-disparagement clauses in their annual renewal contracts.
“You agree to not disparage, criticize, or defame the District, and its employees or officials, to the media,” the clause read, according to an NBC report.