Wintersteen, Norton address employee free speech at council meeting

President Wendy Wintersteen and general counsel Michael Norton spoke with the Professional and Scientific (P&S) Council about freedom of speech on social media during the Oct. 2 meeting.

The discussion centered on employee posts to personal social media accounts following the Sept. 10 shooting death of Turning Point USA founder Charlie Kirk. The Iowa Board of Regents directed the three universities to investigate potential violations of board policy, including Chapter 4.2, which governs freedom of expression.

The week before his discussion with council members, Norton did a Q and A with Inside Iowa State to detail points about employee social media use and First Amendment rights. At the council meeting, Norton addressed the limits of First Amendment protection for university employees.

"We are all employees of a public employer, and while we don't have the full protection of the First Amendment when it comes to our speech as an employee, we do have more protection than is given to a private employer employee," he said. "Where the line is, is a complicated mix, but it comes down to: If your speech interferes with the efficient and effective operation of the governmental entity you are employed by, then the government can impose accountability for that speech."

Speaking as a private citizen on a public matter provides First Amendment protections unless the speech is seen as creating workplace disharmony, impedes performance or impairs working relationships, Norton said. The university's investigations were to determine if the speech resulted in conduct that interfered with operations at Iowa State.

Wintersteen encouraged council members to present any questions they've had about these incidents.

"This is a controversial issue, and I know you have heard things on and outside of campus, so if there are things you would like to share with us, this is the time," Wintersteen said.

One question acknowledged fear among university employees regarding speech and uncertainty about what is and isn't permissible.

"I would never advise you to be fearful, but I would advise you to use judgment," Norton said. "There is a difference, because not everything you want to say should be said."

Federal shut down

Wintersteen began her address by thanking all P&S employees for their hard work at the university. She acknowledged that the federal government shutdown introduces more uncertainty but that university leaders will share updates as often as developments warrant.

"I commend our professional and scientific employees for being engaged with communicating with the university, and we will keep you informed as we continue to go through this process," she said. "If there is one thing I have learned during my time as president, it's that you can never do enough communication."