Teachers' Lack of Rights at Work AND Home

In a stunning defeat for free speech and privacy rights a two-person appellate panel has upheld the firing of Jennifer O’Brien (see North Jersey.com). O’Brien, you may recall, was the Paterson elementary school teacher who was suspended for posting to her Facebook page that she felt like a warden for future criminals (see Teachers, Check Your Freedoms at the Door). The panel ruled that her behavior was not protected by the First Amendment and that her right to make those comments was “outweighed by the district’s interest in the efficient operation of its schools.”

Of course O’Brien’s behavior was stupid (or at least incredibly naïve) in this charged, litigious and anti-teacher climate. Teachers really cannot assume they have the same right to privacy as other professionals. A teacher is still expected to be a paragon of virtue, on and off campus (see Teachers, Madonna and Whore). In the past, it was not uncommon for teachers to be fired for getting pregnant, married or for having a boyfriend. Yet, as crazy as it sounds, they still are (see here for a recent example of a teacher being fired for getting pregnant out of wedlock). Teachers’ behavior at home and in the community (e.g., public intoxication, provocative attire, participation in street protests and activism) and on the internet are all open to monitoring and judgment by students, parents and administrators.

Yet regardless of how callous, careless or insensitive one feels O’Brien was, it is hard to see how firing her was in the best interests of society or children. If she was a terrible teacher and these comments were just the latest example of her cruelty toward children, then yes, build a case and go through the proper dismissal procedures. If, on the other hand, it was simply a tactless expression of frustration or exasperation with discipline problems in the classroom by an otherwise decent teacher, then get her some support or professional development. After all, teachers constantly complain privately about discipline problems to each other and to friends and family. Some no doubt even use the same pejorative comments she used, but have the sense to keep such comments off the social networking websites. This does not make them bad teachers or a threat to children.

In contrast, firing O’Brien for cause (thus denying her unemployment benefits) is deliberately cruel and callous, and completely unnecessary. But since she is an adult who betrayed the public trust, an erstwhile defender of children’s innocence who slandered their purity, a whore in Madonna’s clothing, it is entirely reasonable—indeed, desirable—to throw her to the wolves.

Tweedle Dumb and Tweedle Dumber: UK Turns To U.S. To Solve Unrest

Several news media reported yesterday that British Prime Minister David Cameron wants Britain to look to the United States for solutions to gang violence after nights of riots and looting.

The first problem with this, of course, is that the rioting was not caused by gangs and the destruction bore no similarity to gang violence. There are substantial differences in both quality and quantity between drive by shootings, assassinations of competitors and street brawls on the one hand, and looting, arson and vandalism on the other. There are also significant differences in motive.

But let’s ignore all that, since the politicians have and they will do what they wish anyway. What they want is class harmony or, more accurately, class servility. Workers and their children must accept graciously the conditions imposed by the ruling class and be grateful they are permitted any luxuries or freedoms at all. Anyone who threatens private property, regardless of their motivations, is a dangerous thug and must be dealt with harshly.

Britain has already labeled large portions of its immigrant and minority underclasses terrorists or potential terrorists, justifying a sharp curtailing of civil liberties and protection from search and seizures. By now calling them gangsters and equating them with Crips, Bloods, Mara Salvatrucha, Nortenos and Surenos, and calling for  a U.S.-style response, they must surely also be calling for the massive buildup of new prisons, three- (and two-) strikes laws, and mass incarceration of youth of color. In the U.S., this policy has led to incarceration rates higher than any other country in the world and a society in which nearly 12% of young black men are incarcerated.

Perhaps they are also calling for the imposition of youth curfews and injunctions that would allow the police to round up any juveniles who are dressed in inappropriate colors or styles or who happen to be hanging out publicly with more than two friends.

It might also include giving the police greater fire power and the green light to use it against unarmed people of color who talk back to police on the tube and do not shuffle and bow to them on the streets.

We do know that Cameron is considering allowing police to evict troublemakers from subsidized housing and temporarily disabling cell phone instant messaging services, Twitter and Facebook, as the SF Chronicle reported today.

The use of the term “troublemakers” rather than “convicts” implies that innocent people could lose their homes merely for being suspects, or that they might evict people for thought crimes or even free speech. It is entirely possible to make heaps of trouble for the authorities and the bosses of the world without breaking any laws at all. Going on strike, advocating strikes, picketing corporations or even private homes, writing scathing articles, boycotts, even nasty letters could all be considered troublemaking, particularly by those affected by the tactics. If fully enforced, England could be creating a homeless problem far worse than in the U.S.

The disabling of cell phone instant messaging services and social networking sounds eerily like Iran or China. Even so, they are pretty naïve if they think that will stop future riots, protests or even insurrections. For large masses of unemployed, frustrated and angry people, world of mouth can go a long way. People still have access to printed pamphlets, fliers and posters. There is also the ever useful tactic of one-on-one organizing, which is far more powerful than any digital communication as it allows face to face interaction, feedback, give and take. And for every person that gets organized in this way, there are potentially many others who they will reach.

Department of Education Mandates School Censorship

The Daily Censored reported recently that the US Department of Education has mandated school principals to censor student speech, in cafeterias, classrooms and at online sites, like Facebook. The DOE sent out “Dear Colleague” letters requiring principals to stop all physical bullying, as well as sexist, racist and bullying speech. The DOE will hold them liable for student bullying, even if it occurs off campus, and even if they were unaware that it was occurring. Principals that fail to act decisively enough will face DOE lawsuits.

Of course bullying is terrible and administrators, teachers and parents need to really pay attention and put a stop to it when they see it. The problem is that the rule is so vague that it is virtually impossible to comply with it. For example, administrators will be held liable if they “reasonably should have known” about their students’ misconduct, but failed to curb it. Yet how would they know about Facebook bullying unless they regularly scanned every one of their students’ Facebook pages, or were informed about it by students?

According to the Daily Censored, Facebook is uncritically complying with the new mandate, while the National School Board Association is opposing it. The NSBA has said that the new rule will violate the privacy and free-speech rights of students and their families and promote expensive lawsuits against districts that are already struggling financially. Indeed, the letter stated that harassment and bullying does not have to “be directed at a specific target, or involve repeated incidents [but] creates a hostile environment . . . [which can] limit a student’s ability to participate in or benefit from the services, activities, or opportunities offered by a school.” Under this definition almost any statement or act could be considered bullying if a student claims that it offended them. A t-shirt satirizing sexism could be interpreted as a provocation against boys, or Christian students talking about a church function could be seen as intimidating or alienating to non-Christian students. In fact, Christian students could argue that they were bullied by their science teacher for stating that the Earth is 4.5 billion years old, and that the Biblical date is inaccurate.

Requiring schools to monitor and police students’ private activities outside of school is oppressive and unreasonable, particularly if students are not using school email or equipment. This is the responsibility of parents and, if necessary, the police. Not only does the DOE rule impose an undue burden on schools, it lets parents off the hook. Parents want their children to be safe and treated well, but they must also step up and take responsibility by monitoring their own kids, checking in with them regularly, and being able to listen to them and support them non-judgmentally. And when their kids are doing dangerous, stupid or mean things, they must also be able to set boundaries with them.

Possible Reprieve for Kelley Williams-Bolar

Ohio Gov. John Kasich has agreed to investigate the case of Kelley Williams-Bolar, the black Akron mother who was convicted of “stealing” educational services by enrolling her kids in a white middle class school outside of her home district.  "Our laws exist for a reason and they must be enforced, but the idea that a woman would become a convicted felon for wanting a better future for her children is something that has rightly raised a lot of concern with people, including me.”

The apparent racism and class hostility that prompted the Copley-Fairlawn school district to spend $6,000 hire private detectives just to prove that this one woman was somehow trying to cheat the school district has outraged thousands, prompting more than 80,000 to sign the Change.org petition urging Gov. Kasich to pardon Williams-Bolar. Others have pressured the governor through Facebook groups like this one and Twitter @JohnKasich demanding a pardon using the hashtag #KelleyWilliamsBolar.

Kelley Williams-Bolar's family has also set up a Paypal account to cover legal fees. You can donate by going to Paypal.com and making a payment to kelleywilliamsbolar@hotmail.com.

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