NAPLES, N.Y. (WROC) — Earlier this week, a physics teacher from the Naples Central School District was placed on administrative leave following remarks shared to Facebook that appeared to support the death of conservative activist Charlie Kirk.
The comments have drawn outrage from the Naples community. Some residents have called for the teacher to be fired.
Should the case be challenged in court, one public education attorney says there are a number of factors that will come into question as it relates to personal opinion and representations of an employer.
“There’s a balancing act between the statement and the government’s ability. In this case, it’s the employers’ ability to ensure orderly functioning of the workplace. Is it official? Is it public? And, does it disrupt the workforce? It looks like all three apply here. So, because that happens, it looks like the first amendment would not protect this teacher’s statement due to the disruption this clearly has had on the academic learning environment,” said Nicholas Marricco, senior associate for Tully Rinckey PLLC.
Marricco adds that the teacher in question is protected by due process rights and the First Amendment, but says there are considerations to the amendment at play.
“There is a lack of trust I see a lot with parents and their local school districts. It’s unfortunate that stuff like this comes out because it could further erode that trust parents should have with the schools,” he said.
For some parents, they’re asking the Naples school district to do more.
“As parents, it’s knowing that I work hard every day to pay his salary to educate my children and teach them beliefs that don’t need to be taught in his classes. Naples has homecoming this weekend and parents don’t want to send their kids to school. I hope the board takes a bolder action. I think what they’re doing is by the book right now. But, I think they need to be more bold in their actions. Show the parents that are concerned and calling that care about their students and their taxpaying parents,” said Joe Miller, a Naples native.
