Jackson teachers union sued district over unconstitutional policy. How did a judge rule?

A judge ruled Tuesday that several Jackson Public Schools staff media policies are unconstitutional and restrict educators' freedom of speech.

Special Judge Jess Dickinson ordered permanent injunctions to stop the district from enforcing parts of the policies and carrying out several actions, including telling staff not to contact parents, the public, the media, law enforcement or anyone else about issues in the schools.

"By silencing its teachers, staff, employees and their organizational advocate, JPS deprives its students, their parents and other interested parties such as legislators and taxpayers, of important information necessary to fully understand and take part in their public education system, and meaningfully call for its improvement where and when needed," Dickinson wrote.

What happened?: Teachers union files complaint against Jackson Public Schools, says district's media policy unconstitutional

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The policies mentioned in the court filing were about confidential information, staff ethics and use of social networking websites.

Dickinson called the district's confidential information policy "vague, overbroad and unconstitutional."

Not only do the district's policies prevent and chill free speech, but they also adversely affect the ability for the union to attract potential members, he wrote.

JPS is reviewing the court's order and its options, a spokesperson said.

"Jackson Public Schools has a duty to balance the competing interests of several constituency groups, including its scholars and employees," the district said in a Wednesday statement.

The Jackson Federation of Teachers, a union representing teachers, paraprofessionals and other school staff, filed a complaint against the district last year about the district's media policies.

"They are teaching their students to exercise their rights, but when it comes to their own, and if it might look bad at the school district, they are pretty much told to shut up," Union President Dr. Akemi Stout said when the complaint was filed.

She was not immediately available for comment Wednesday.

The union's complaint stems from a situation several years ago when a Provine High School teacher was concerned about a possible hepatitis outbreak at the school, the Clarion Ledger reported.

Stout previously said the teacher, who was a union member, contacted the school district as required and didn't receive a response for about a week. Once the media learned about the public health concern, the teacher expressed his fear and concerns.

Stout said the teacher was terminated by the district, but it is unclear if that was related to the media policy. The circumstances of the teacher's case brought the issue with the district's policy to the forefront, she said.

The Jackson Public Schools administrative office building is seen on President Street in Jackson, Miss., Friday, March 26, 2021. A lawsuit has been filed by a teacher's union against JPS for its media policy.
The Jackson Public Schools administrative office building is seen on President Street in Jackson, Miss., Friday, March 26, 2021. A lawsuit has been filed by a teacher's union against JPS for its media policy.

The Jackson School Board changed language in its policy that took effect in April, which happened after hearings in Hinds County Circuit Court, according to court documents.

The school district asked for the union's request for a declaratory judgment to be dismissed, claiming the policy change renders a request for relief no longer relevant.

JPS spokesman Sherwin Johnson said the policies were not active at the time of the judge's ruling.

Dickinson wrote the court still has concerns that JPS may reinstate the challenged policies and continue to tell employees they can't speak out in certain ways or divulge information that is "not in the best interest of the district."

Reporter Mina Corpuz can be reached by email at mcorpuz@gannett.com. You can follow her on Twitter @mlcorpuz.

This article originally appeared on Mississippi Clarion Ledger: Jackson Public Schools staff policies deemed unconstitutional by judge