Tennessee Governor Signs Bill Protecting Free Speech in Schools

Tennessee Governor Bill Lee has signed an important bill protecting students, teachers, professors and public employees’ right to free speech.

The new law (SB 937), signed by Gov. Bill Lee on Friday, May 9, makes clear,

Students, teachers, employees, and contractors of public schools and LEAs (Local Education Agency) do not shed their constitutional rights to freedom of speech and expression while at school or work.

Furthermore, it asserts that “A student, teacher, employee, or contractor of a public school or LEA should never be compelled to affirm a belief with which the student, teacher, employee, or contractor disagrees.”

Existing Tennessee law protects the free speech of teachers or other public school employees, ensuring they are not:

  1. Required to use a student’s preferred pronoun when referring to the student if the preferred pronoun is not consistent with the student’s biological sex;
  2. Civilly liable for using a pronoun that is consistent with the biological sex of the student to whom the teacher or employee is referring, even if the pronoun is not the student’s preferred pronoun; and
  3. Subject to an adverse employment action for not using a student’s preferred pronoun, if the student’s preferred pronoun is inconsistent with the student’s biological sex.

SB 937 strengthens these existing protections by extending them to students and contractors of public schools. It also “prohibits disciplinary action against a student or adverse action against a school contractor for failure to use a preferred pronoun that is inconsistent with the preferer’s biological sex.”

Furthermore, the law prohibits a public school, LEA, or teacher, employee, or contractor of a public school or LEA, from:

  1. Asking a student, teacher, employee, or contractor of the public school or LEA to provide the individual’s preferred pronouns; and
  2. Subjecting a student, teacher, employee, or contractor of the public school or LEA to an adverse action or disciplinary action for refusing to provide the individual’s preferred pronouns.

Under the new law, teachers, employees and contractors of public schools or LEAs also cannot address or refer to an unemancipated minor student by anything other than their legal name, or by pronouns inconsistent with their sex, without consent from the student’s parent or legal guardian.

Alliance Defending Freedom (ADF) Senior Counsel Matt Sharp, director of the ADF Center for Public Policy, issued a statement applauding the governor’s signing of HB 1270.

“No one should lose their job or face punishment at school or work for declining to say something they believe is false,” Sharp said, adding,

Words and language carry meaning, and when used properly, they communicate truth about the world. Forcing individuals to say things that are false – such as inaccurate pronouns – imposes real harm on the speaker.
In no world is it acceptable for the government to discipline students or force good educators or other public servants out of a job all for the sake of promoting gender ideology.
With this legislation, Tennessee is rightfully stepping into the gap to protect freedom of speech and conscience.

The Volunteer State’s courageous move to ensure students, teachers and other public-school employees retain their free speech rights at school, and don’t socially transition students, deserves much praise.

If you’re concerned about what your child is being taught in school, check out this updated, free resource from Focus on the Family and Family Policy Alliance: Equipping Parents for Back-to-School.

We want parents to feel confident and equipped to manage issues affecting public – and private and online – schooling. The FREE downloadable resource helps you be aware of what’s going on in your child’s classroom and offers guidance for how to advocate for your child in the school year ahead.

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