Kansas Jury Instruction — 1.1.1 Public Employee First Amendment Claim Discharge — Failure To Promote Free Speech On Matter Of Public Concern: This Kansas jury instruction, 1.1.1, pertains to public employees who claim that their discharge or failure to be promoted was due to a violation of their First Amendment rights to free speech on a matter of public concern. In this context, "public concern" refers to issues that are of interest or importance to the public or the community. When a public employee believes that their termination or denial of promotion was a result of their speech on a matter of public concern, they may seek legal recourse by filing a lawsuit. To succeed in their claim, the plaintiff must establish certain elements, as instructed by the Kansas courts. The instructions provide guidance to the jury in determining whether the public employee's First Amendment rights were violated. Some key elements that may need to be proven in court include the following: 1. Duty to Promote Free Speech: The instruction highlights that it is the employer's duty to promote or allow free speech on matters of public concern, within limits. 2. Protected Speech: The instruction clarifies that the plaintiff must demonstrate that their speech was of public concern and not merely a private matter. This is important to establish whether the employee's speech falls within the scope of protected speech under the First Amendment. 3. Connection to Discharge or Failure to Promote: It is vital for the plaintiff to establish that their speech was a "substantial" or "motivating" factor in their discharge or denial of a promotion. This means that they must demonstrate a causal link between their speech and the adverse employment action they faced. Failure to prove any of these elements may result in the inability to succeed in the claim or receive a favorable verdict. Though different types of Kansas Jury Instruction — 1.1.1 Public Employee First Amendment Claim Discharge — Failure To Promote Free Speech On Matter Of Public Concern aren't explicitly mentioned, it should be noted that there may be nuances and variations in the application of this instruction based on the specific facts and circumstances of each case. Additionally, these instructions are subject to change and may be updated over time to reflect evolving legal interpretations and precedents.
Kansas Jury Instruction - 1.1.1 Public Employee First Amendment Claim Discharge - Failure To Promote Free Speech On Matter Of Public Concern
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