A Prior Lake-Savage school district teacher who was suspended without pay for a political post she made in a private Facebook group has filed a federal lawsuit against the school district and two administrators. The lawsuit, filed by the Upper Midwest Law Center (UMLC), alleges that the defendants violated the teacher’s First Amendment rights to free speech through retaliation and viewpoint discrimination.
According to the complaint, Ms. Zahn, a VFW Teacher of the Year, made a post expressing her opinion on immigration policy in a private Facebook group of less than one thousand members. After a person outside the group shared the post, community activists opposed to Ms. Zahn’s political viewpoint contacted her employer to demand her firing. The school district then amplified the controversy by sending an email blast to many families, which, predictably, led to more calls for Ms. Zahn’s termination. The District then suspended her for seven days without pay.
The lawsuit argues that a government employer cannot silence an employee’s private speech simply because others don’t like the message. The District had no basis to punish Ms. Zahn, as her speech had no impact on her classroom and did not create a material disruption in the school. Instead, the school caved to outside pressure and, according to the complaint, used its own policies to punish Ms. Zahn for expressing a viewpoint with which it disagreed.
“The First Amendment abhors the ‘Heckler’s Veto,’ which is where the government silences a speaker simply because others don’t like the message,” said Doug Seaton, President of UMLC. “A government employer cannot weaponize online criticism—especially criticism it helped generate—to silence an employee because it disagrees with her message. This is a clear case of retaliation, and we are fighting to ensure that Ms. Zahn and every teacher has the fundamental right to speak their minds as private citizens without fear of government punishment.”
“I love my job as a teacher, and I am proud of my right to free speech,” said Brooke Zahn, the plaintiff. “The district’s decision to punish me for my private opinions was wrong. I am standing up for my rights as a citizen and to ensure this doesn’t happen to other teachers.”
The lawsuit seeks a declaration that the Defendants violated Ms. Zahn’s constitutional rights, damages for lost wages and emotional distress, and an injunction to remove the disciplinary action from her record.
Click here to view the complaint.
