Connecticut Jury Instruction - 1.1.2 Public Employee First Amendment Claim Discharge - Failure To Promote Political Disloyalty - Key Employee
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FAQ
The compelled speech doctrine sets out the principle that the government cannot force an individual or group to support certain expression.
Public employees have First Amendment protection when they speak out on matters of public concern, but not when they speak out in the course of their official duties.
The Court also acknowledged, however, in Pickering v. Board of Education (1968) that ?the threat of dismissal from public employment . . . is a potent means of inhibiting speech.? In the 1960s, the Court crafted a doctrine that afforded public employees at least some degree of First Amendment protection.
If you are a state or federal employee, then you are protected from retaliation for exercising free speech by the First Amendment and the Fourteenth Amendment. This means that when you exercise your right to free speech, your government employer cannot retaliate against you with negative employment action.
As a government employee, you still have a First Amendment right to speak out on important issues. However, your government employer also has an interest in promoting an effective and efficient workplace. In this guide, we break down your speech rights under the Constitution.
The First Amendment only protects your speech from government censorship. It applies to federal, state, and local government actors. This is a broad category that includes not only lawmakers and elected officials, but also public schools and universities, courts, and police officers.
Your speech is protected. However, there are exceptions. You can use the flowchart inside this guide to help you figure out whether or not particular types of speech are likely to be legally protected. This guide does not provide specific legal advice, but rather provides an overview of this complex area of law.
Ultimately the Supreme Court decided that speech addresses a matter of public concern if it is ?relating to any matter of political, social, or other concern to the community" or ?is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public.? The determination ...