Speech & safety · Reviewed October 29, 2026
Can I say that?
A practical guide to personal speech, union dissent and public advocacy for Washington educators.
Download printable guide ↓The four-question speech check
- Who am I speaking as? A private citizen or someone performing assigned duties? Off the clock is helpful, but not conclusive.
- Is this a matter of public concern? School laws, union politics, school funding and government decisions may qualify. A purely personal workplace dispute may not.
- How could this affect school operations? Courts may balance speech rights and an employer’s justified operational interests.
- Does it include information I must protect? Remove identifiable student information, confidential records, threats and unverified factual accusations.
Two Ninth Circuit decisions you should know
Dodge v. Evergreen (2022)
A Washington teacher’s political hat at staff-only training constituted private speech on a public issue. The court allowed a claim against the principal to proceed; it did not rule that all political expression in school is protected.
Theis v. IMESD (July 2026)
The Ninth Circuit found speech conveyed to students while an education specialist performed official duties outside First Amendment protection in that setting. This reinforces why audience and official duties matter.
Illustrative speech contexts — not legal outcomes
Personal off-duty testimony or opinions on public policy; personal criticism of union decisions without confidential disclosures.
Publicly naming coworkers or officials; discussing incidents learned through official duties; workplace speech in front of students.
Campaigning with district resources; revealing identifiable student records; threats, harassment, or defamatory allegations.
Practical precautions
- Identify yourself as speaking only for yourself, not the district or union. A disclaimer helps clarify capacity but does not settle the legal test.
- Use personal accounts and devices. For election or ballot advocacy, do not use district time, email, equipment or contact lists except where the law specifically permits.
- Preserve evidence and primary-source links for factual claims.
- Do not assume Facebook-group privacy guarantees confidentiality. Screenshots may circulate.
Washington law limits employers’ demands for personal social-network passwords, but certain investigations may still seek specific content. See RCW 49.44.200.
Open the speech self-check →Verify it in the original source
Before publishing: read the full post aloud and remove names, student details, school resources and unsupported factual claims.