A union representing 44,000 Missouri public school teachers is challenging a state law that dramatically restricts their online speech with current and former students in a lawsuit accusing the legislation as a First Amendment breach.

The Missouri State Teachers Association is challenging a part or the Amy Hestir Student Protection Act, (.pdf) which essentially bars public school teachers from having private electronic communications with students and past minor students. Among other things, this means no e-mail, online chatting, Facebook messaging and Twitter direct messages.

“It’s vague, and more importantly, we believe it violates constitutional rights of educators,” said Todd Fuller, a union spokesman.

Some school districts have interpreted the law to ban teachers from having Facebook pages outright.

The measure is part of a broader law making school districts liable for damages if a teacher sexually abuses a child and the district had information of previous abuses. That was the main public focus of the bill, which was sponsored by Jane Cunningham, a Missouri state senator.

“This legislation is vital to protect our children from sexual predators in our schools — places meant as safe learning environments,” she said. “Aside from mandatory extensive background checks, my bill will make it possible for school officials to be aware of sexual misconduct exhibited by potential hires and their employees when making staffing decisions. This will serve as an invaluable tool for protecting our children.”

The union is asking a judge to block implementation of the online-speech hinderances contained in the bill, which is to take effect August 28.

Some teachers complain that the law would also bar them from communicating online with their own children.

“The act is unconstitutionally overbroad and void on its face because it prohibits every teacher in the state of Missouri from having any non-work-related web-based communications with current or former students that allow exclusive access by the teacher and student which will deter legitimate exercise of First Amendment rights,” (.pdf) according to the suit, lodged in state court Friday.

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