Carroll ISD officials warned about non-disparagement agreement

Carroll school officials received a letter warning them that the non-disparagement clauses in employee contracts may not hold up in court and could violate the First Amendment. The Rutherford Institute, a nonprofit civil liberties organization, sent the letter Friday to Superintendent Lane Ledbetter and to school board members after news stories surfaced about the non-disparagement agreements. The Carroll school district did not respond to an email from the Fort Worth Star-Telegram seeking comment.

The letter stated, “The courts would likely find such a restriction on speech by a public school to be in violation of the First Amendment. Because the non-disparagement clause only prohibits criticism of the District, its officials, and employees—but does not prohibit employees from praising or commending the District and its officials—it would likely be considered impermissible viewpoint discrimination which is prohibited by the First Amendment. Therefore, we urge you to reconsider this ill-advised course of action in order to better respect the rights of your employees and ensure that your policies align with the spirit and the letter of the Constitution.” The letter went on to say that the First Amendment prohibits government officials from retaliating against individuals for engaging in “protected speech.” In October, teachers attending a training session were told to provide alternative sources if they have books in their classrooms about the Holocaust. The session focused on a new state law requiring teachers to present different perspectives when teaching about widely debated and controversial issues.