School Board Member Tina Certain argues free speech rights in letter to Commissioner of Education
BY JENNIFER CABRERA
GAINESVILLE, Fla. – School Board of Alachua County (SBAC) Vice Chair Tina Certain, who has been asked to attend the November 13 State Board of Education meeting to “explain why it is that [she] believe[s] [she is] fit to serve the residents of Alachua County,” has issued a letter through an attorney, calling the meeting “Star Chamber proceedings” and a “McCarthy-inspired show trial.”
Commissioner of Education Stasi Kamoutsas spoke in person at the October 7 SBAC meeting and referred to Certain’s Facebook comment calling Charlie Kirk an “uneducated white boy”: “Think — how do your words impact students? How do they impact the employees and the staff and the teachers in the Alachua County School District? You have repeatedly brought negative attention to this school district because of your selfish acts. That post came after I sent a letter to all Superintendents and teachers in our state, emphasizing the importance of their role over students — young, impressionable minds who are seeing adults not lead by example, by celebrating violence in a school shooting,… by glorifying a school shooter. That is a terrible example for our youth.”
The letter from Attorney Gary Edinger begins by noting that “the Board of Education does not have the authority to compel Ms. Certain’s attendance at the November 13th meeting… Ms. Certain will appear at the hearing voluntarily to answer those questions which she deems prudent to address.”
Edinger writes that Certain’s Facebook post “is not a proper subject of inquiry by the Department of Education” but admits that Certain made the post “on her own time utilizing her personal computer… There can be no question that Ms. Certain’s Facebook comments are fully protected by the First Amendment… While Ms. Certain’s comments may have struck a political nerve and offended the blogosphere, that is the nature of political speech… No credit or attention should be paid to those seeking to silence Ms. Certain’s speech or those of countless other speakers who opposed Mr. Kirk’s policies in life. The law does not tolerate a heckler’s veto.”
Edinger continues, “Your correspondence suggests that Ms. Certain’s private comments somehow impact her service as a member of the Alachua County School Board. But why should that be true? As noted, Ms. Certain was speaking as a private citizen on a matter that has nothing to do with the school system or her responsibilities as a School Board member. Neither is there the slightest evidence that her post caused disruption in the school system or interfered with the educational mission of our local schools. There have been no protests, no demonstrations, no strikes or walkouts, and no dissension among teachers in this district. Instead, Ms. Certain continues to enjoy the support of her colleagues and her constituents.”
After a discussion about intellectual freedom and viewpoint diversity, the letter concludes, “[Ms. Certain] will be pleased to discuss any policy issues impacting the Alachua County School system or the broader mission of educating our youth across this state. However, Ms. Certain has no interest in participating in Star Chamber proceedings or a McCarthy-inspired show trial. With those thoughts in mind, Vice Chair Certain anticipates a frank and fair discussion of school policies at the November 13th meeting.”
Standards of Ethical Conduct
Edinger’s letter focused on free speech issues but did not address SBAC’s Standards of Ethical Conduct for School Board Members, which lists the following principles: “Board members recognize their individual duty to promote the best interests of the District… Board members value the worth and dignity of every person… Board members strive to achieve and sustain the highest degree of ethical conduct because they are aware of the importance of maintaining the respect and confidence of their colleagues, of students, of parents, and of other members of the community.”
In addition, the Standards require Board Members to do what is necessary and appropriate to “not engage in harassment or discriminatory conduct… which creates a hostile, intimidating, abusive, offensive, or oppressive environment” and conclude with, “All Board members shall adhere to the principles enumerated above.”
Kamoutsas previously referred to these responsibilities in a letter to SBAC Chair Sarah Rockwell over her “One less MAGA in the world” Facebook post: “[Y]ou’ve created a chilling effect on all parents with similar beliefs. You’ve signaled that certain viewpoints are not welcome in Alachua County Public Schools, and that should alarm every family in your district. Between your public comments and your actions last night, your lack of judgment and poor decision-making has brought negative attention to Alachua County Public Schools on a national level.”
Click here for information about the November 13 State Board of Education meeting.
The School Board of Alachua County has a rot to it. Between Certain’s comments about “uneducated white boy”, Rockwell talking about “Good. One less Maga” when Hogan died, the teacher at GHS giving out a “Most likely to Be a Dictator “ award it’s clear that drastic action needs to be taken. I’m glad the state is taking an interest and I’ll eagerly await the outcome.
They should both be fired because I don’t want my tax $ paying their salaries.
Here’s how it works in a republic. They should be fired if they lose an election. Not because you desire it.
Thank you Gary Edinger and Ms Certain for standing up for free speech. Enough of the Kangaroo court bullies.
This ISN’T about free speech. This IS about the code of conduct and ethical standards that they ALL signed when they were hired. They violated that oath and should be fired. If this was a conservative teacher saying the same things regarding liberal leaders being killed, I would argue the same punishment be brought, TERMINATION. How can you expect to be unbiased in your teaching, treatment of students etc. when you are celebrating the murder of a public speaker at an educational facility? So now the school board is allowed to promote school shootings? Make it make sense.
Here’s how it works in a republic. They should be fired if they lose an election. Not because you desire it.
Mrs. Certain comment was on her personal Facebook, and on her own personal time. Someone read it and didn’t like. Life moves on.
Public ‘servants’ are held to a higher standard. My advice: Stay out of the limelight is you can’t take the heat. They both need to go. Racism is racism.
But the issue still stands personal, or business social media. She inferred race into the subject matter. By doing so she confirmed her racial bias. She is in a elected position to serve all students regardless of race or gender. She does not have the luxury of being a part time racist.
These three are the tip of the iceberg. The rot runs deeper, George.
When you are in a public position paid for by taxpayers of the left and the right you don’t have a right to wish or celebrate someone’s death in a public forum. Especially in the education field. I think both of these women should be fired from their taxpayer paid position.
Ms Certain did not celebrate anyone’s death in her post.
The only comment that was regrettable was the “undeducated white boy”, though that was an accurate description of a racist propagandist for Trump who slurred blacks publicly by name and by race specifically about their education – not on a Facebook page – and wished for a return to segregated America. Sorry he was killed young but he was no hero and blacks have every reason to hate his guts.
So misinformed regarding Charlie Kirk. You should watch his videos.
Jazzman isn’t ‘misinformed’…..he’s just biased.
You are greatly mistaken regarding Charlie Kirk. I suggest you watch his videos and do some research prior to showing your ignorance regarding who he was and what he stood for.
I’ve read many of his statements and many are racist. In his opinion, a black person in a position of authority is suspect of benefitting from favoritism while a white person is assumed to have been selected purely on their superior qualifications. He called out Michelle Obama – salutitorian of her magnet high school who graduated from Princeton, cum laude, and Harvard Law School – and Ketanji Brown Jackson – class president of her majority white school, winner of a national award for debating, who then graduated magna cum laude from Harvard and then cum laude from Harvard Law – for “lacking brain power” and taking a white person’s slot in college. He thought the Civil Rights act of 1964 – which ended segregation in places like Gainesville (I was here then) – was a mistake and MLK an awful person.
He was as bad on women and their rights, so yeah, too bad he’s dead – maybe he would have changed – but he’s no hero and was an enemy to the rights of most Americans.
It may not be her specific comments on Charlie Kirk’s death that warrant a thorough investigation and determination of her ability to lead the district; it’s her continuous history of using racist tropes while acting in her capacity as a school board member that demonstrates her inability to be a governing figure for the multi-ethnic children that attend Alachua County schools.
It’s becoming increasingly apparent the SBAC doesn’t like having a complete box of crayons in the classrooms.
Can you be specific for a change?
Looking for someone to prop you up? Or should I say, do your homework?
As you’ve mentioned before, you’re not well-versed with the happenings within the district. You should probably be happy with the knowledge you do have. For many others, while perception may not be the only thing, it is something.
Here’s how it works in a republic. They should be fired if they lose an election. Not because you desire it.
The issue is violating the school board code of ethics, not free speech. Attorney Edinger is trying to change the conversation from where it belongs.
Certain did not violate the code of ethics quoted in the article.
I believe to determine whether she violated any ethical standard or misuse of district property, one would have to determine if she used a computer that was provided by the school district first. Most organizations have rules and requirements for their property’s use.
You won’t find a better free speech attorney than Gary Edinger.
I’m confident Ms. Certain won’t be attending the meeting alone. She’s likely to have her attorney, who is hopefully being paid for by Ms. Certain and not district financial resources since it’s her personal speech that appears is being addressed. Add Mr. Vu who for all intents and purposes is joined at the hip, and other community activists, and there’s likely to be an overflowing room in attendance.
If the district is paying for legal services from Mr. Edinger, why does the district have an attorney on staff?
“Nor does the First Amendment tolerate the sort of viewpoint based discrimination voiced in your correspondence of October 2nd. It is noteworthy that your Department has not ‘requested the attendance’ any School Board members who have championed Charlie Kirk’s political causes notwithstanding the fact that they are anathema to many Americans. It is inappropriate to seek to discipline or publicly shame another citizen for political viewpoints with which you and your colleagues appear to disagree.“
Edinger letter is on point. To Our Education Commissioner “Have you no sense of decency, sir, at long last? Have you left no sense of decency?“
What kind of “decency”? Rights in themselves are not decent. It’s the content of those rights being exercised. Certain’s content was indecent, habitually.
“…School Board members who have championed Charlie Kirk’s political causes notwithstanding the fact that they are anathema to many Americans.”
Indeed. Expressions of support for him should be at least as controversial as those condemning him, but since they are in charge they figure to push their partisan advantage. F Charlie Kirks ideas and the horse they rode in on!
Do we know the time of this meeting? I assume we can watch it via the State BOE website.
Or they will likely record it. The early October meeting is available and is an eye opener on the partisan board and secretary’s intent to make politoical hay out of a non-event (the supposed usurpation of free speechj rights during a SBAC hearing). Certain responded freely and with dignity to that kangaroo court, which started with an attitude and wan’t going to change it no matter what evidence they were presented with.
I encourage anyone interested to watch it, and see what kind of political hacks are driving this.
Blacks cannot be racist, no matter what they say, so the board member may insult anyone she wants in any way. If I was to call her a disparaging name, then that would be a different matter and I would probably be sued or jailed. Double standard, she gets a pass because of some unwritten rule.
Is “white boy” racist? It’s disrespectful to a grown man but a factual non-racist description of his race.
So if a white person said “black boy” it wouldn’t be racist? If any elected who by chance was white and said anything close to what Certain did whether on the clock or through personal social media about a black individual they would be deemed a racist, part of a hate group, and demanding they step down or be imprisoned. I said it before Certain doesn’t have the luxury in her position to be a part time racist at home. She is a elected official held to a higher standard.
Hiring a mouth piece to deliver a message is inconsistent with free speech.
What’s a “ drump rally?
She’s too political to be on a school board or anywhere near a school. All they do is make elaborate excuses for some students, some parents and themselves. 👹🤡💩👿🏳️🌈👺
I guess If I stated, I hope that BLACK Girl (Certain) is fired would it be okay? Of course not. Why, because it would show my ignorance. In having to attack someone for their skin color. With no specific facts.
But if during the upcoming rezone, you object to your child being rezoned/bused to a school farther away and the school is an eastside one, then if Certain says it’s just because you want to keep things separate/segregated (as she’s said in the past), then her supporters will agree. It doesn’t matter if you reject to the bus ride length or the strain the commute puts on your child/family. You are deemed a r a cist who wants separate schools
I believe Ms. Certain should remind herself of the old rule, “if you can’t say anything nice, don’t say anything at all.” While I agree she is fully entitled to say anything she wishes, she should do so with the understanding that she is not speaking privately to one individual. On social media, she is standing on a box, with a bullhorn, shouting to one and all. If you don’t wish to be censored, or to hear criticism of your comments, get off the box. Further, as a public employee your salary is paid by, we the people. You ARE subject to our standards; your voice is not your own when speaking publicly. Govern yourself accordingly.
Yet another topic miss certain doesn’t know s*** about. Interesting.
Here’s how it works in a republic. They should be fired if they lose an election. Not because their detractors desire it.
Certain has the right to do and say whatever she wishes but that doesn’t mean she’s fit to serve on the SBAC. Saying that she posted her racist comments on her personal FB page using her personal computer, doesn’t mean it’s okay, it’s still a public platform that the rest of the world can see. This is not a free speech issue, which she has no problem denying others free speech, it’s an ethics issue and she violated the oath she took when she became a member of the SBAC. She’s an extremely poor example for the children who attend our schools and hopefully won’t seek reelection.
And now we find out that her attorney’s fees are being paid by the School Board via our tax dollars. But as long as she can protect her “first amendment rights” by saying whatever racist things she wants about poor white boys and about Asians, she’ll be fine with that. Please resign so the district can restore some of it’s dignity!