Be careful what you say, especially on the Internet.
On Aug. 17, an American history teacher at Mount Dora High School in Mount Dora, Fla., was suspended when it was reported that he posted his opposition to New York's recent legalization of same-sex marriage.
Jerry Buell's opposition was voiced on his Facebook page on July 25 where he said the decision by the New York Legislature almost made him throw up. He also said that same-sex marriage was insulting to traditional marriage.
His opposition, like many of those who support traditional marriage, was founded in Biblical principles. He wrote, "God will not be mocked. When did this sin become acceptable?"
Buell, a teacher for 22 years, was suspended by the school district due to concerns that his beliefs might frighten or intimidate gay students.
There is no doubt that, for many, these posts were offensive. And, had the school been a private employer, it would have had every right to suspend or fire Buell for these comments.
However, the fact that his employer happens to be a government-funded public school, the water becomes murkier. Does he, as an American citizen, have the right to write about these issues, despite their offensiveness, on his personal Facebook outside the classroom?
Buell is an edging-on-inappropriate religious zealot who is definitely not shy about his beliefs. For example, his syllabus warns students, "I teach God's truth, I make very few compromises. If you believe you may have a problem with that, get your schedule changed, ‘cause I ain't changing!"
The school has not dropped an investigation of whether his syllabus threatens another aspect of the First Amendment, the establishment clause. Because Buell is a public school teacher, the sort of rhetoric on his syllabus definitely creates problems for the separation of church and state.
But what is at the issue here is his speech on the Internet. The First Amendment should protect everyone, regardless of how much you want to punch them in the face for their idiocy.
After the ACLU and the conservative Liberty Counsel became involved in this case, Buell was reinstated to his position.
For all intents and purposes, the decision of the school district to protect Buell's First Amendment rights was the correct one. He did not say these things in the classroom in the capacity of a school official, and he should not be subject to the school's disciplinary action.
The fact that some students stumbled upon his post and were offended does not trump the fact that his speech was of a political nature and deserving of the utmost protection by the First Amendment.
He's still an asshole.
