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Florida lawmaker pushes 'teacher’s oath' bill, critics warn it could violate free speech

Florida lawmaker pushes 'teacher’s oath' bill, critics warn it could violate free speech
Rep. Tom Fabricio (R-Miami Lakes)
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TALLAHASSEE, Fla. — Florida teachers could soon have to raise their right hands and take an oath, swearing to uphold the Constitution, teach objectively, and serve as positive role models. That’s under new legislation filed by Representative Tom Fabricio (R-Miami Lakes).

The proposal, known as HB 147, would require anyone holding a Florida teaching certificate to take the oath as a prerequisite. Fabricio, an attorney by trade, says the idea came from his own research and his experience as both a lawyer and a parent.

"They're holding our children and they're teaching our children," Fabricio said. "And just like I have to keep my clients’ secrets and I have to keep my clients’ money and not steal it, I think they should teach our children with that same type of oath, that same putting their hand up."

WATCH: Florida lawmaker pushes 'teacher’s oath' bill, critics warn it could violate free speech

Florida lawmaker pushes 'teacher’s oath' bill, critics warn it could violate free speech

Under the bill, teachers would pledge to defend the U.S. and Florida Constitutions, uphold "the highest standards of academic integrity" and serve as "positive role models in conduct and character." Fabricio says the goal is to "elevate" educators, not punish them.

"This bill didn't come to me from the governor. It didn't come to me from the Department of Education," he said. "It came to me from being a parent, from doing my own independent reading and from believing that we absolutely should treat teachers like professionals, which they are."

Proposed oath language (HB 147):

"I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and the Constitution and Government of the State of Florida; that I am duly qualified for employment as a classroom teacher in this state; that I will well and faithfully perform the duties of a classroom teacher in a professional, independent, objective, and nonpartisan manner; that I will uphold the highest standards of academic integrity and professional ethics; that I will foster a respectful learning environment for all students, which promotes critical thinking, civic responsibility, and lifelong learning; and that I will serve as a positive role model in both conduct and character, so help me God."

Existing oaths and ethics codes

Critics argue that Florida educators already take multiple oaths and follow rigorous professional standards under state law. Among them:

Florida Statute 1012.56 – Requires good moral character for educator certification.

Florida Statute 876.05 – Mandates all public employees take an oath to uphold the U.S. and Florida Constitutions.

Rule 6A-10.081, Florida Administrative Code – Establishes the Principles of Professional Conduct for the Education Profession in Florida, governing ethics, fairness, and responsibility to students.

Legal experts raise red flags

Constitutional attorney John Phillips says parts of the bill cross a constitutional line, potentially restricting free speech and policing off-duty behavior.

"So the first half of it, I don't have a problem with. It gets into the second half…" Phillips said. "Government cannot intervene into the subjective determination of somebody being a role model, or of professional ethics outside the classroom."

Phillips warned the bill could open the door for selective enforcement and costly lawsuits, arguing teachers already face heavy scrutiny. He also says it’s less objective than what law enforcement swear to in their oaths.

"Teachers generally are paid less than law enforcement, and we seem to be expecting more from them," he said. "When they’re off duty and going after political speech, you can’t have it both ways."

Phillips called the measure "grandstanding," saying it seeks to fix a problem that doesn’t exist.

Fabricio: Open to changes

Fabricio says he’s heard the concerns and is willing to refine the language.

"We are in the legislative process," he said. "Bills usually don't end where they start. So I'm open to discussion and open to working with all stakeholders to make sure that the bill does what it's intended to do."

The proposal could eventually expand to include college faculty, depending on the Senate version that’s being mulled. If approved, the requirement would take effect July 2026 and require administrative rule making to be fully implemented.

For now, HB 147 is awaiting its first committee hearing. Fabricio is optimistic it’ll happen. He says early conversations with House leadership have been "very positive."

"As an attorney, when I'm in the courtroom, I have to be professional," he said. "When they're in the classroom, they have to be professional."

The debate now centers on whether this new oath would truly honor Florida educators — or overstep their constitutional rights.


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