LETTER: The Clark County School District and free speech

The news that teachers in the Clark County School District have been removed from classrooms after posting about Charlie Kirk’s death raises tough questions about free speech and school safety.

Speech that celebrates Mr. Kirk’s assassination is vile and morally indefensible. Where such speech risks encouraging political violence, it falls outside First Amendment protection and certainly has no place in schools.

What troubles me is the way the district has worded its policy. The district said it will not tolerate “any speech or conduct regarding political violence that causes a material or substantial disruption.” The word “regarding” is far broader than “advocating.” Under that language, a teacher could face discipline not only for glorifying violence, but also for criticizing Mr. Kirk in an out-of-school setting in harsh or offensive terms. Such speech, however abhorrent, remains constitutionally protected.

It is repugnant to use the moment of Mr. Kirk’s assassination to attack his character or ideas. But the First Amendment protects speech that is revolting, offensive and even vile. I am concerned that in today’s charged political climate, district officials may struggle to distinguish between unprotected incitement and unpopular expression, and in doing so risk chilling speech altogether.

Schools must remain safe and focused on learning. But we should also take care not to erode First Amendment protections in the process. I hope the Clark County School District navigates this difficult moment with an eye toward protecting both.