In an overt threat to state teachers over the weekend, Alabama State Superintendent of Education Eric Mackey, in a letter to superintendents, promised investigations and punitive actions in response to social media posts he deemed inappropriate.
The letter, Mackey said, was in response to posts made by two Alabama educators in the wake of the killing of rightwing commentator Charlie Kirk. Mackey described the two posts as “vile,” “reprehensible” and “inexcusable.”
“These posts were allegedly created and posted by two of our own Alabama teachers,” Mackey wrote. “By the time I went to bed, I had received a third such post. These posts do not reflect the vast majority of Alabama teachers who are dedicated professionals working diligently to mold and guide the development of the impressionable students in our classrooms.”
Mackey said the posts could potentially violate the Alabama Administrative Code or the Educator Code of Ethics. He encouraged superintendents and other teachers to forward any potentially offensive posts to his office and promised that each one would be investigated by the state’s certification team. Mackey also said he has removed teachers previously and reprimanded others in order to “protect students.”
It’s unclear, however, if Mackey, or any of the district-level superintendents, has the authority to fire a teacher over questionable social media posts that don’t violate laws. In his letter, Mackey notes that teachers, like all Americans, have First Amendment rights. Beyond that, the U.S. Supreme Court, in a 1968 opinion, specifically ruled that teachers retain their rights to comment on issues of public concern and debate.
Removing a teacher for such commentary is possible under Alabama law, but the comment would have to rise to such a level that it prevented a teacher from being effective at their job. Meeting that threshold would be difficult and would likely result in legal action from the Alabama Education Association, depending on the circumstances.
