UWM announced it cannot legally fire Senior Lecturer Betsy Schoeller for her recent comments on social media because firing her for exercising her free speech is unconstitutional.
Schoeller, a lieutenant colonel in the Wisconsin Air National Guard 128th Air Refueling Wing, has been under fire for her recent comment on Facebook justifying the murder of Spc. Vanessa Guillen. UWM, the university Schoeller teaches three courses at, declared in an emailed press release they cannot fire employees for comments made on social media.
The First Amendment of the U.S. Constitution protects the free speech of Schoeller and other university employees in public forums such as social media platforms like Facebook.
Since Schoeller posted the comment in a public group for veteran humor on Facebook, the university cannot punish her for her statement.
While the university said there is no way to rationalize or excuse the horrific murder of Guillen as Schoeller clearly did in her original comment, there is no way Schoeller will be terminated at UWM.
Schoeller’s repugnant comment alleging Guillen paid the price for acting out against alleged sexual assault and harassment are at odds with the university’s values.
Guillen’s body was found dismembered, beheaded, burned and buried in three different locations near Fort Hood by the FBI this week.
Guillen’s family told NPR reporters she talked to them about not reporting any instances of sexual assault and harassment on base because she felt they wouldn’t be taken seriously. Dozens of female soldiers replied to Schoeller’s comments voicing the same feeling.
UWM is committed to a safe and welcoming campus including anyone affected by sexual violence. The university does not want anyone to feel less safe, according to their email statement.
The university is the largest educator of veterans in the state and offers support for them through the Military and Veterans Resource Center.
Despite the values outlined in the university’s statement, sexual offenses have been the most prominent crimes on UWM’s campus for the past two years, according to the Annual Security and Safety Report . Rape was reported nearly twice was much as burglary in 2018.
This is ridiculous. Hate speech is not protected speech. Her comments were clearly hateful. Also, Wisconsin is a right to work state. She can be fired at anytime for any reason.
She is a terrible hateful biggot, but her comments are not “hate speech” under a legal definition. Nor does right to work apply, because UWM is a government entity and not a private employer. I hate to say it, but UWM’s attorneys are probably correct on this one.