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Recent guidance mean online posts carry professional risks if they are seen as disruptive, offensive, or eroding public confidence.
JACKSONVILLE, Fla. — Florida educators are finding their social media activity under growing scrutiny as state officials and school districts weigh the balance between free speech rights and professional responsibilities.
Under the Florida Department of Education’s Principles of Professional Conduct (Rule 6A-10.081), teachers are required to uphold ethical standards, integrity, and the trust of students, parents, and the community. Violations can carry serious penalties, including suspension or revocation of teaching certificates. The rules are broad, emphasizing “professional judgment” and “maintaining public confidence,” which leaves room for interpretation when applied to online behavior.
University of Florida law professor Jane Bambauer explains that while the First Amendment strongly protects political speech, educators’ rights are not unlimited. Courts apply what’s known as the Pickering test, weighing whether speech addresses a matter of public concern and whether it disrupts the school’s ability to function. In a recent case, Caggiano v. Duval County Schools, a teacher’s political Facebook posts were deemed protected because they were made off-duty, did not involve students, and caused no disruption.
Still, state leaders have taken a hard line. A recent DOE memo warned that posts deemed offensive—even outside of school—could be considered “sanctionable behavior” if they undermine trust in the profession. That message followed the suspension of a Clay County teacher who posted positive comments about conservative activist Charlie Kirk’s death.
The tension underscores a growing challenge: while teachers retain broad rights to speak on political issues, the state’s conduct code and DOE’s recent guidance mean online posts carry professional risks if they are seen as disruptive, offensive, or eroding public confidence.