Indiana Gov. Mike Braun warned Wednesday that teachers who post online in celebration of political violence could face suspension or even revocation of their professional licenses. But free speech advocates quickly raised concerns that the governor’s threat risks trampling constitutional protections and chilling lawful speech.

“Teachers play a critical role in the shaping of our youth,” Braun wrote in a post to X. “As a result, we hold them to a higher standard. The vast majority of Indiana’s educators live up to that standard; but sadly, in recent days, a few have not.”

Braun’s comments followed the assassination of Charlie Kirk, a prominent conservative activist who was killed at a college speaking event in Utah last week. The Republican governor said disagreement on political issues “should never lead to the type of horrific tragedy we witnessed last week.”

“There have been some terrible things shared, particularly across social media,” Braun wrote, referring to online discourse about Kirk’s death. “While we must protect the First Amendment, calls for political violence are not freedom of speech and should not be tolerated.”

Braun emphasized that Indiana’s Secretary of Education “has the authority to suspend or revoke a license for misconduct and the office will review reported statements of K-12 teachers and administrators who have made statements to celebrate or incite political violence.”

David Keating, president of the Institute for Free Speech, said that threat raises “serious” constitutional concerns.

“My initial reaction was, I don’t understand why he would call for suspending, like revoking, a teacher’s license,” Keating said. He noted that Indiana law typically ties license revocations to criminal acts or serious misconduct.

State and school officials “would be totally justified, in many situations,” to cancel a teacher’s contract, Keating added, “but I just think it’s a tougher thing to go and revoke a license.”

He also pushed back on Braun’s claim that “calls for political violence are not freedom of speech.”

“That’s actually not true,” Keating said. “You are allowed to call for violent overthrow of the government. You’re allowed to even call for assassinations. Obviously, this is not the sort of thing that you want an elementary school teacher to have in their background. But I don’t think it meets the standards for a license revocation.”

Licenses under review?

It remains unclear whether any licensure reviews are already underway in Indiana, however.

The Indiana Department of Education — helmed by Secretary of Education Katie Jenner — “does not comment on open investigations or during the pendency of administrative proceedings,” said agency spokesperson Courtney Bearsch in a Thursday statement to the Indiana Capital Chronicle.

“IDOE is aware of social media comments made by a small number of Indiana educators following the assassination of Charlie Kirk and is reviewing each matter accordingly,” Bearsch said. “These isolated comments do not represent Indiana educators as a whole, the vast majority of which hold themselves to the highest professional standards and work diligently to model good citizenship.”

She explained that — upon being notified of a complaint against an educator — IDOE “investigates to determine whether the facts meet the statutory threshold for suspension or revocation.”

If the facts are “sufficient to satisfy statute,” a formal complaint is then filed with the Office of Administrative Law Proceedings, initiating the administrative process. Under state statute, OALP serves as the final administrative authority in issuing an order on an educator’s license.

IDOE maintains a public database of educators who have been disciplined, most often for criminal convictions. As of Thursday, no license suspensions or revocations had been recorded in the database since Aug. 25.

At least 25 licenses have been revoked since Jan. 1 — most of which were for offenses by educators and school employees who were convicted of one or more of 37 serious felonies that are listed in state statute. Conviction is automatic grounds for a license to be revoked.

Aside from criminal offenses, seven educator licenses were revoked since the start of the year for “immorality” and one for “misconduct,” according to IDOE.

There are more than 230,000 licensed teachers in the state of Indiana.

Stevie Pactor, an attorney with the ACLU of Indiana, warned that Braun’s threat could have broad implications for teachers’ speech.

“Teachers still have First Amendment rights when they’re talking as private citizens about matters of public concern on their social media or anywhere else,” Pactor said. “This idea of chilling their speech is absolutely where my mind went to.”

She pointed to a line from a 1978 U.S. Supreme Court ruling, which asserted that “The First Amendment needs breathing space to survive.”

“If I were a K-12 educator, I would absolutely be very, very cognizant of what I was putting on social media in this climate, and to a degree that’s not really justified by what the law allows,” Pactor continued. “These posts are clearly their private speech. There’s no question that this is private speech.”

Indiana’s Constitution also has its own speech protections: “No law shall be passed, restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever; but for the abuse of that right, every person shall be responsible.”

What the law says — and what’s less clear

Indiana law gives state education officials authority to suspend or revoke a teacher’s license under limited circumstances.

The Department of Education is permitted by statute to take such action “upon the written recommendation of the state superintendent of public instruction” if a teacher is found guilty of “(1) immorality; (2) misconduct in office; (3) incompetency; or (4) willful neglect of duty.”

But because “immorality” is not defined in state code, how it applies to off-duty speech — especially speech on personal social media accounts — is open to interpretation, Keating said.

He cautioned that even the governor’s public threat could have consequences.

“Teachers face this kind of pressure for actually bringing up real issues of public concern,” he said, noting that off-duty speech cases are highly fact-specific and courts have often deferred to school districts. “Taking away their license — I mean, you look at the other standards for taking people’s licenses away. Those are by and large criminal convictions.”

The free speech expert noted, too, that the legal definition of incitement requires more than offensive online rhetoric.

“Some random person posting on social media — just for whoever out there might or might not be reading it — that’s not incitement,” Keating added, pointing to the U.S. Supreme Court’s Brandenburg test, which limits punishable incitement to speech likely to produce imminent lawless action.

State law also spells out what qualifies as “official misconduct.” According to Indiana Code, a public servant commits official misconduct if they knowingly or intentionally commit an offense while performing their official duties; solicit or accept unauthorized property in connection with their work; misuse nonpublic information for personal gain; or fail to turn over public records or property to a successor. The statute classifies the offense as a Level 6 felony.

Administrative rules also provide more detail on how the license review process works.

Under Indiana’s Administrative Code, a license suspension can last up to three years, while a revocation can extend for an indeterminate period. A teacher whose license is revoked has the ability to petition for reinstatement after three years.

State officials are required to consider several factors when reviewing a case or a reinstatement petition.

Those include whether the conduct adversely affected students or colleagues; how long ago the conduct occurred; whether the conduct is likely to recur; and whether denying reinstatement could “chill constitutional rights.” Officials are also directed to weigh evidence of rehabilitation, such as counseling or community service.

Proceedings to suspend or revoke a license are subject to public hearings and can take months or years to resolve.

Pactor underscored that the threshold for punishing speech is high.

“The school district, in order to prohibit or punish a teacher for their speech, can only do that if that speech would cause a significant disruption to the learning environment or impair the effective operation of the school or the school district,” she said. “And that’s a really high standard.”

She stressed that licensing actions face the same constitutional constraints as school discipline.

“All government action is subject to the same standard,” Pactor noted. “You know where the First Amendment says you’ve got to stop.”

If the state proceeds with discipline, Pactor said litigation is likely.

“I would certainly expect it to be challenged in court,” she said. “And of course, if any impacted government employee, including educators, believe that their First Amendment rights have been violated in any of these circumstances, they should absolutely contact us.”

A wave of scrutiny

Braun’s threat comes as other educators and public employees have already faced consequences for social media posts about Kirk’s killing.

Indiana’s Department of Child Services, for example, announced via social media on Sept. 13 that a worker was no longer with the agency after making a comment that was in poor taste and “does not reflect the values of this agency or the standards that have been set by this administration.” The agency later confirmed the employee resigned.

Since then, at Ball State University, a director of health promotion and advocacy was fired Wednesday after writing on Facebook that Kirk’s death “is a reflection of the violence, fear and hatred he sowed. It does not excuse his death, AND it’s a sad truth.”

Meanwhile, Attorney General Todd Rokita has directed his office to investigate similar statements made by K-12 teachers. His “Eyes on Education” online portal — a site already used to collect complaints about schools — now features a section highlighting social media posts by educators that appear to justify or celebrate Kirk’s death.

Among those listed as of Thursday was a Riley High School teacher in South Bend, who allegedly wrote on Facebook, “I’m not saying it’s right, but I’m saying it’s only fitting.”

An Elkhart teacher was also flagged, prompting Elkhart Community Schools to circulate a letter reminding staff that online speech can significantly affect how the community views both individuals and the district.

The Indiana State Teachers Association condemned violence but warned Braun’s threat could chill lawful speech.

“ISTA condemns violence in all forms, including political violence. Indiana’s educators devote their lives to creating safe and welcoming classrooms, and the vast majority do so with professionalism, care and deep commitment to their students every day,” the state’s largest teachers union said in a statement Thursday. “While celebrating violence is unacceptable, threatening educators’ licenses for lawful speech risks silencing those who are teaching honestly or sharing personal views responsibly … Political violence threatens our democracy, but so does censorship.”

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The Indiana Capital Chronicle is an independent, nonprofit news organization dedicated to giving Hoosiers a comprehensive look inside state government, policy and elections. The site combines daily coverage with in-depth scrutiny, political awareness and insightful commentary.

You can read the original version of the story here.

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INDIANAPOLIS — Indiana’s largest teacher’s union is calling for better collective bargaining, increased pay for support staff and more say over curriculum in the upcoming legislative session.

Indiana State Teachers Association (ISTA) President Keith Gambill said Tuesday that Hoosier educators are also seeking new social and emotional learning support for students.

“These priorities … reflect what educators need to create better learning environments for their students, and better working environments for all educators,” Gambill said during a news conference, where he released the union’s 2024 legislative priorities.

The General Assembly reconvenes Jan. 8. Although Republican legislative leaders have said they do not plan to reopen the state budget during the short session, ISTA’s latest agenda includes multiple funding requests that total at least $540 million.

More money for traditional public education

ISTA will advocate for a $500 million increase to basic tuition support for traditional public schools in the 2025 fiscal year — the second year covered by Indiana’s current biennial budget. Gambill said that amounts to a boost of 7.98% compared to what schools are currently on track to receive.

Under current law, K-12 public schools are projected to see average per student funding increases of 1.7% next year.

“While we recognize the 2024 legislative session is not a budget year, we are calling on legislators to reopen the budget to fix several inadequacies that require immediate attention,” he said. “If we want Indiana to be a leader in the region or country, we’re going to have to do right by our schools.”

He emphasized, too, that the legislature needs to earmark more money in the second year of the biennium to “fully fund” the cost of textbooks and curricular materials.

State lawmakers dedicated $160 million in the new state budget to eliminate textbook and curriculum fees, starting with the 2023-24 academic year. While the new law was championed by state officials, school districts are still on the hook to pay for those materials.

The ISTA leader said the union is aware of “several” school districts that are “concerned” about their ability to pay for textbooks in the 2024-25 school year. Gambill said more data needs to be collected before ISTA can recommend an exact dollar for curricular fees.

“If schools are forced to either make changes in staffing or other programming in order to fully fund the textbooks, then we’re not getting the best for our students,” he said. “It shouldn’t be upon them — and not born on the backs of school employees — to make that happen.”

Gambill said while charter and voucher schools benefited from significant funding boosts in the 2023 session, traditional public schools still lack “appropriate” appropriations.

“We have over 90% of all Hoosier families send their children to a traditional public school, and if you look at the way that that funding was distributed this past year, that was not equal, especially when you look at the amount that was increased for voucher schools,” he said.

ISTA is also continuing to lobby for professional pay benefits and support for parent educators, bus drivers, food service workers and other “vital support staff.” Gambill said Indiana also “must recognize the commitment of our retired teachers and public employees” by giving a 2% cost of living adjustment for Indiana’s retired educators.

“We certainly know that the state has the surplus available,” he continued. But he said ISTA has not outlined a specific location in the budget for lawmakers to draw on the requested dollars.

Better support systems for students

To address ongoing gaps in social and emotional learning support for students, Gambill said the union is proposing a three-year pilot program focusing on student wellbeing. The ask comes with a $20 million annual price tag.

The pilot seeks to reduce student-to-staff ratios by hiring additional guidance counselors, social workers and school psychologists. The initiative would span from elementary to high school and involve 30 school districts. Gambill said the goal is to address physical and mental health issues — and if successful — could later be applied statewide.

ISTA is further seeking to restore discipline as a mandatory discussion item, or under restored collective bargaining rights. Gambill said doing so would help teachers better address student disciplinary issues that have become more common since the pandemic.

In recent years, the Republican legislature has rolled back collective bargaining rights.

To improve student discipline, the union also called for statewide class size data to be gathered, and for a grant program to be created to hire additional teachers. Gambill said ISTA is also seeking to establish a task force to improve student behavior.

After a slew of so-called “culture war” issues in the 2023 session precipitated into new laws — like those concerning the use of pronouns in classrooms and the ability for Hoosiers to challenge books in school libraries — Gambill said it’s not fully clear how teachers have been affected.

“It’s a little bit different from school district to school district as to how they’re interpreting the law and in which ways they’re moving forward. We’re still learning from that,” he said. “But we also know that we have to continue to address the social-emotional welfare of our students, and we believe that in doing so, that will have an impact in other areas such as absenteeism and behavior within the classrooms.”

Gambill said educators are hoping “those types” of hot-button bills don’t return in 2024.

“The challenge really has not been with our parents at large. The challenge has been those who have preconceived notions of what is actually occurring in the classrooms, oftentimes without having a student attending the class,” Gambill noted. “When you look at the school communities, and the engagement with parents in the classrooms, and when we’re speaking directly about the parents who have students attending the classes, those connections have been and remain very strong.”

Bargaining and teacher recruitment

More broadly, the teachers union is continuing to press for restored and expand collective bargaining rights, in addition to mandatory discussion.

Lawmakers stripped Hoosier educators of the right to collectively bargain over working conditions like class sizes and schedules under a 2011 law. The topics that teachers can currently bargain over during the fall bargaining window are salaries, wages and benefits, including pay increases.

Gambill said ISTA’s membership is calling on policymakers to allow teachers to negotiate working hours, influence and determine class size and caseloads, and provide input on textbooks, teaching methods and student support.

Educators should also “have the freedom to teach accurate, age-appropriate lessons about America, from our greatest triumphs to our darkest moments,” according to ISTA’s legislative agenda.

Recruitment and retainment of educators of color will additionally require more state funding, Gambill said.

“Students should not have to look much further than their own classes to find mentors or materials with roots in their own community. Our public schools should reflect the cultural diversity and identity of the communities they serve,” he said.

As part of that effort, ISTA wants to see more paraprofessionals become licensed teachers. Enhanced mentoring programs for educators of color and increasing funding for professional development “with a focus on Black, Indigenous and all educators of color” will also help, Gambill said.

The union also hopes lawmakers will establish a statewide commission to address diversity in staffing and support pipelines to teach.

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The Indiana Capital Chronicle is an independent, nonprofit news organization dedicated to giving Hoosiers a comprehensive look inside state government, policy and elections. The site combines daily coverage with in-depth scrutiny, political awareness and insightful commentary.

You can read the original version of the story here.

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