Teacher sues for Facebook post suspension, freedom of speech

In the inset image: A social media post, allegedly shared by Brooke Zahn, is central to a lawsuit against Jeffers Pond Elementary in Minnesota (Minnesota District Court/Brooke Zahn). Background: Jeffers Pond Elementary in Prior Lake, Minnesota, where Brooke Zahn is employed as a teacher but faced suspension over the allegedly problematic post (KMSP/YouTube).

A teacher from an elementary school in Minnesota contends that her school district unlawfully disciplined her for a “private” Facebook post that stated, “A family that is deported together stays together.” She argues that this action infringes upon her First Amendment rights.

Brooke Zahn, who teaches fourth grade at Jeffers Pond Elementary, lodged a complaint last month in Minnesota District Court. She alleges that the Prior Lake-Savage Area Schools district unjustly suspended her due to the post regarding deportation.

According to Zahn, her freedom of expression was compromised because the post was made in a “private Facebook group” from her “own home outside of work hours.” She used her maiden name instead of her professional one, and explicitly stated that the account reflected solely her personal views, as noted in the complaint.

The complaint also claims, “Defendants seemed to justify their actions on complaints from people who apparently never had any professional interaction with Mrs. Zahn but found her post online, disagreed with its political stance, and aimed to punish her.” Additionally, it is alleged that the defendants themselves amplified these comments by drawing public attention to—and expressing disapproval of—Mrs. Zahn’s comments made outside of work.

As reported by The Minnesota Star Tribune, Zahn expressed her love for teaching and her pride in her “right to free speech.” She criticized the district’s decision to impose discipline and suspension for her “private opinions,” maintaining that this disciplinary action was unjust.

“I am standing up for my rights as a citizen and to ensure this doesn’t happen to other teachers,” Zahn said, per the Tribune.

In her complaint, the Minnesotan notes how she was also disciplined for anti-masking posts that she allegedly made during the COVID-19 pandemic. Zahn says the school told her the posts, including the deportation one, caused a “disruption” — which she condemns as a “pretext or excuse for viewpoint discrimination,” per the complaint.

“Any alleged ‘disruption’ resulted predominantly, if not exclusively, from disagreement by others at Jeffers Pond with the viewpoint expressed in Mrs. Zahn’s private speech,” the complaint charges. “The District has no viewpoint-neutral or generally-applicable policies about how to evaluate or respond to alleged disruption from such disagreements.”

Zahn’s legal team did not respond to Law&Crime’s requests for comment Tuesday. The Prior Lake-Savage Area Schools district also did not respond.

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