Fresno State University won’t — and cannot — punish professor for Barbara Bush tweets

Foundation for Individual Rights in Education

. . . "Fresno State correctly acknowledges that Jarrar’s tweets were made as a private citizen. As such, and because they touched upon a matter of public concern, Jarrar’s tweets are unquestionably protected speech under the First Amendment and Fresno State has no power to censor, punish, or terminate Jarrar for them.

Photo added, TD

"It’s often said that the First Amendment doesn’t protect a speaker from the consequences of his words. That’s true to a certain extent. One who says something that offends others will often face consequences of some sort, whether it’s caustic criticism from people he offended, loss of private sector job opportunities, loss of membership in voluntary associations, and so on. But the First Amendment places limits on what consequences a government actor may impose in response to speech.

"As we’ve explained in response to another professor terminated for her public commentary, public universities are government actors bound by the First Amendment:

The law is well-established that employees of government institutions like [a public university] retain a First Amendment right to speak as private citizens on matters of public concern and may not be disciplined or retaliated against for their constitutionally protected expression unless the government employer demonstrates that the expression hindered “the effective and efficient fulfillment of its responsibilities to the public.” Connick v. Myers, 461 U.S. 138, 150 (1983); Pickering v. Bd. of Ed., 391 U.S. 563 (1968).

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Her pictured gesture has been endorsed by academics, late-night TV hosts and ex-presidents.