ADF to NJ school district: Retaliation against teacher for Facebook comments would be illegal

Teacher who expressed Christian views about homosexual behavior on personal Facebook page engaged in protected speech

ADF attorney sound bite:  Byron Babione

UNION, N.J. — The Alliance Defense Fund sent a letter to the Township of Union Public School District Monday to inform district officials that retaliation against a teacher who expressed her Christian views about homosexual behavior on her personal Facebook page would violate the First Amendment and federal law.

The district has already placed the teacher, Viki Knox, on administrative leave and may consider whether further actions should be taken against her at its next regularly scheduled meeting Tuesday at 7 p.m. EDT.

“Teachers should not be punished for exercising their constitutionally protected right to free speech in their own personal communications,” said ADF Senior Counsel Byron Babione. “Viki communicated her religious views on a matter of public importance, and contrary to what activist groups might say, she did so in a respectful, appropriate, and constitutionally protected manner. To punish her for that would be completely illegal.”

The ADF letter explains that any retaliation on the part of the district against Knox because of her Facebook comments would violate her constitutionally protected rights under the First Amendment and subject the district to financial and legal liability under federal law. Such a violation on the part of the district could cost taxpayers tens of thousands of dollars in damages, attorneys’ fees, and litigation costs.

The letter cites relevant court decisions which state that public employees have “a constitutional right to speak on matters of public concern without fear of retaliation” and that “public employers cannot silence” or otherwise punish “their employees simply because they disapprove of the content of [their] speech.”

“While noting the Bible’s teaching that homosexual conduct is sinful, Ms. Knox discussed her ‘friends and loved ones who are practicing/living as homosexuals’ and emphasized how she ‘love[s]’ and ‘care[s] about them,’” the ADF letter explains. “She also stressed that, of course, she does not mistreat persons who engage in homosexual behavior, and in fact, she communicates ‘love’ to them. Ultimately, then, Ms. Knox did what many other teachers do--and, indeed, what the Constitution guarantees them the right to do--she respectfully communicated through a personal channel of expression her views on a public matter.”

“This expression is fully protected by the First Amendment, and the School District cannot punish Ms. Knox for it,” the letter concludes. “To do so is flatly prohibited by the Constitution.” 

• Pronunciation guide: Babione (BABB’-ee-own)