In the wake of the controversy surrounding a "tweet" by a KU professor about the NRA, the Board of Regents have now adopted the following policy regarding faculty and staff use of social media:
The regents’ policy, effective immediately, gives a university’s top leader the authority to suspend or fire any faculty or staff member who improperly uses social media, including Facebook, Twitter and other sites.
The policy’s list of improper uses includes communications that incite violence, disclose student information or research data, or are “contrary to the best interest of the university.”
Notice that the prohibition on "inciting violence," if interpreted in accordance with the applicable constitutional standards, would not cover the "tweet" that started all this. A prohibition on disclosing student data is probably already covered by FERPA (the federal student privacy law), while the prohibition on disclosing "research data" and making statements "contrary to the best interest of the university" are probably both unconstitutional (the latter is at least unconstitutionally vague--unfortunately, the courts have been eroding the free speech rights of public employees in various ways over the last decade, but I would be astonished if this standard passed constitutional muster).
Not a great day for public highe reducation in Kansas. I assume a court challenge will be forthcoming.
(Thanks to Dennis Arjo for the pointer.)
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