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Understand your rights when speaking up for public education and our students.
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Legal & Employment Guidance

Educator Rights to Give Public Testimony

Elected representatives need to hear from you as they make decisions that will affect public education.
a black man at a lecturn with Sen. Bernie Sanders looking on Patrick G. Ryan
Arthur Anderson, a teacher’s aide from Virginia, speaks about educator pay at a town hall with Sen. Bernie Sanders.
Published: April 4, 2023

You can speak at school board hearings, state legislative sessions, and federal Congressional hearings.

NEA members have shared their experiences with elected representatives on some crucial issues, including the need for honesty in education, ways to support LGBTQ+ youth, and more.

Elected representatives need to hear from you as they make decisions that will affect public education.

You should be careful that your actions and speech do not violate community norms or expectations as to how educators should behave.

Educators can be held to higher standards than other members of the public, resulting in greater scrutiny of the subject and content of your speech.

The First Amendment does not protect speech on private matters. It also may not protect speech that is offensive or disrespectful. Similarly, tenure laws broadly protect teachers from being terminated for off-duty conduct, but not where the conduct violates community norms or expectations of how educators should behave.

In the next section discussing Social Media Activity, we provide further detail about how the context and content of your speech impacts the extent to which it is protected. Some of the advice is specific to social media, but you should keep the general principles in mind for all out-of-school speech.

This page is intended to provide general information. For specific advice, you should always contact your local union or attorney. 

Understand your rights when speaking up for public education and our students.

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We ask only what is right: equal opportunity for every student, every educator, every family. At home, in school, online, in Washington–there’s a right place for all of us to make a difference.
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National Education Association

Great public schools for every student

The National Education Association (NEA), the nation's largest professional employee organization, is committed to advancing the cause of public education. NEA's 3 million members work at every level of education—from pre-school to university graduate programs. NEA has affiliate organizations in every state and in more than 14,000 communities across the United States.