Image Credit: iStock / JackF
The Tennessee Conservative [By Kelly M. Jackson] –
This week a bill that will attempt to politically neutralize classrooms in Tennessee will be heard before the House K-12 Education Subcommittee.
HB1605 carried by Representative Gino Bulso (R-D61-Brentwood) and State Senator Joey Hensley (R-D28-Hohenwald) states: “Flags – As introduced, prohibits LEAs and public charter schools from displaying in public schools flags other than the official United States flag and the official Tennessee state flag. – Amends TCA Section 5-5-114; Section 6-54-144 and Title 49.”
The concerns were raised this past fall in Williamson County when it was brought to the attention of the parents in the district that there were LGBTQ flags hanging in some of the classrooms.
Parents descended on Williamson County School board meetings and expressed a desire to make classrooms a neutral place where the focus can be learning, and there are no distractions that would not only divert that focus, but also initiate questions from students that parents do not want educators engaging in with their children.
The response from Superintendent Jason Golden was that to exclude any other flags besides the American and Tennessee state flags is tantamount to a violation of the 1st Amendment rights of those employees of the district that are currently choosing to display the pride and LGBTQ+ flags.
Based on relatively recent case law, this may not necessarily be true. The 1stAmendment does have restrictions on certain kinds of speech.
Garcetti vs Ceballos, a case from 2006 held that speech by a public official or employee is only protected if it is engaged in as a private citizen, and not in their official capacity as a public employee. In other words, when teachers are teaching in the classroom, the interest of their students and the goals for learning outweigh the educators right to espouse their personal political ideologies in the classroom to their students.
Additionally, in Mayer v. Monroe County Community School Corp, from 2007, the Seventh Circuit ruled that no teacher has the First Amendment right to express an opinion in the classroom, where students are a captive audience.
Parents present at the meeting that expressed their opinions empathized with the fact that the board was being bombarded from both sides and therefore the solution was simple one: a district policy that would exclude all flags with the exception of the Tennessee state Flag and the American Flag.
At the same meeting other parents argued that the absence of LGBTQ flags would guarantee that students who identify with those symbols wouldn’t feel safe unless they were allowed to be displayed.
This begs the question, if that is the case, then shouldn’t anyone be able to insist on the inclusion of other kinds of symbols, or flags so they are also adequately comfortable in that environment?
And then, where does it end?
The answer to that question could be as soon as Governor Lee signs the bill into law, which could be as early as April or May depending on how long and what obstacles the legislation faces as it makes its way to the Governor’s desk.
If anyone has an opinion on this legislation, and wishes to express it, please do so here at this link, as the bill will be heard this afternoon at 4:30 pm, top of the agenda.
About the Author: Kelly Jackson is a recent escapee from corporate America, and a California refugee to Tennessee. Christ follower, Wife and Mom of three amazing teenagers. She has a BA in Comm from Point Loma Nazarene University, and has a background in law enforcement and human resources. Since the summer of 2020, she has spent any and all free time in the trenches with local grassroots orgs, including Mom’s for Liberty Williamson County and Tennessee Stands as a core member. Outspoken advocate for parents rights, medical freedom, and individual liberty. Kelly can be reached at kelly@tennesseeconservativenews.com.
