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Virginia school district to vote on speech code that would prohibit criticism of equity plan

New policy, if adopted, would also state that employees have "duty to report" colleagues' alleged speech code violations

Published: October 5, 2020 9:35am

Updated: October 5, 2020 4:07pm

A Northern Virginia public school district board is considering whether to prohibit teachers from criticizing its racial-equity plan that included the "dismantling of white supremacy."

According to a draft of the Loudoun County Public School district board's proposed speech code, obtained by the Washington Free Beacon, employees would not be allowed to criticize the school district's "commitment to action-oriented equity practices" in all forms of public and personal communication. 

The board is scheduled to vote Oct. 12 on whether to adopt the policy.

"Employees are expected to support the school division's commitment to action-oriented equity practices through the performance of their job duties, as the Division engages in the disruption and dismantling of white supremacy, systemic racism, and language and actions motivated by race, religion, country of origin, gender identity, sexual orientation, and/or ability," the policy draft reads.

The code acknowledges employees have a First Amendment right to engage in protected speech, but says that right "may be outweighed" by the school district's interest in "promoting internal … and external community harmony and peace" as well as "class equity, racial equity, and the goal to root out systemic racism."

Nicole Neily, president of the free speech legal group Speech First, told the Free Beacon the directives of the school board do not supersede the First Amendment.

The new policy proposal also tells employees they have a "duty to report" their colleagues' alleged speech code violations to the school district administration. Employees would be prohibited from "retaliating" against accusers, even if the accusations are false. The policy claims the district will accommodate false complaints, so long as they are found to be made in "good faith."

The district's top teachers' union, Loudoun Education Association, says it will  meet with the school district before the vote. 

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