Columbus, OH – On Wednesday, The Buckeye Institute filed an amicus brief in Hedgepeth v. Britton, calling on the U.S. Supreme Court to hear the case and protect the First Amendment rights of government employees, including teachers.

“This case comes down to whether mere offense creates a disruption in school. It does not,” said David C. Tryon, director of litigation at The Buckeye Institute. “This case presents the court with the opportunity to clarify Pickering and rule that teachers can not be punished for expressing their views on important issues outside of school—in this case during summer vacation.”

In its brief, The Buckeye Institute argues that 1) the First Amendment protects public employees’ right to speak on matters of public concern as private citizens; and 2) the government’s interest in regulating speech is limited solely to instances where the speech causes actual disruption—not merely hurt feelings. Buckeye calls on the U.S. Supreme Court to reverse the lower court’s decision, which stripped Ms. Hedgepeth of her ability to express her personal opinions beyond the schoolhouse gate. 

This case illustrates the tension between suppressing speech based on a heckler’s veto and protecting out-of-school speech that does not actually disrupt the learning environment or undermine the employee’s ability to fulfill his or her job.

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