Social Media and Public Employee Discipline: Seventh Circuit Affirms Teacher’s Termination Over Facebook Posts
The intersection of social media and employment law continues to generate complex legal challenges. In Hedgepeth v. Britton et al., the Seventh Circuit Court of Appeals affirmed the termination of a public school teacher for inflammatory Facebook posts. This case provides valuable guidance for public sector employers trying to navigate the competing interests of First Amendment rights, workplace discipline, and social media policies.
Background: Repeated Discipline and Controversial Posts
Jeanne Hedgepeth, a long-serving social studies teacher at Palatine High School in Illinois, was dismissed after posting controversial comments on Facebook during the George Floyd protests. Her posts, which included remarks about needing a gun, sharing a meme about riot control, and equating “white privilege” with a racial slur, quickly spread among her network—primarily former students. Prior to her termination, Hedgepeth had been suspended twice for profanity in the classroom, with explicit warnings about possible dismissal for future incidents.
School District Response and Legal Action
The school district responded swiftly, conducting an internal investigation, holding public board meetings, and issuing a press release distancing itself from Hedgepeth’s views. The board concluded that her conduct violated multiple policies, including those governing teacher conduct on social media and professional relationships. Hedgepeth challenged her dismissal, arguing that her posts were protected under the First Amendment. After an administrative hearing and federal litigation, the district court granted summary judgment for the defendants.
The Pickering Balancing Test
On appeal, the Seventh Circuit applied the Pickering balancing test, a cornerstone of public employee speech cases. The test asks whether the employee was speaking as a citizen on a matter of public concern and, if so, balances the employee’s interest in free speech against the employer’s need for efficient operations. In Hedgepeth’s case, the court found that her posts, while addressing matters of public concern, caused substantial disruption within the school community. The district provided ample evidence of complaints, interference with school operations, and media scrutiny.
Key Takeaways
Disruption Matters: Even private social media posts can justify termination if they cause substantial workplace disruption.
Prior Discipline Counts: Repeated violations and prior warnings strengthen the employer’s case for termination.
Role Model Standard: Public school teachers are held to a higher standard due to their position of trust.
No ‘Heckler’s Veto’ Defense: The court rejected arguments that community outrage alone cannot justify discipline; actual disruption and loss of trust are critical.
Clear Policies Are Essential: Employers should maintain clear social media and conduct policies and document disciplinary history.
Navigating Social Media and Employment Law
Hedgepeth v. Britton et al. reinforces that public employers may lawfully discipline employees for speech that undermines workplace efficiency, especially in sensitive, public-facing roles. For employment lawyers, this case highlights the importance of advising clients on robust social media policies, thorough documentation, and the careful balancing of employee rights with organizational interests. As social media continues to blur the lines between private and professional conduct, following clear policies and procedures becomes even more critical for employers.
