School districts control teachers’ classroom speech 

School boards set the curriculum for schools, and they have the legal right to decide what materials and speech are appropriate for the classroom. 

Teachers face particular challenges when they are teaching political or controversial topics in classrooms. They must navigate a narrow passage between delivering the curriculum as required by their local board of education and sharing their own personal views and other information, while also abiding by board regulations regarding content and delivery. In addition, they must deliver the curriculum without attempting to indoctrinate students with their own personal beliefs, particularly on religious, political, and controversial topics.  

In K-12 public schools, the local school board has the authority to set the curriculum, and teachers must adhere to it, as well as following all state and school board regulations. Simply put, K-12 teachers do not have the broad academic freedom that is usually afforded to their counterparts in higher education. Courts have made a distinction between university faculty and K-12 teachers in the area of free speech, noting “a special concern of the First Amendment” in higher education because of the university’s unique role in participating in and fostering a marketplace of ideas. E.g., Demers v. Austin, 746 F.3d 402 (9th Cir. 2014).