Maine Jury Instruction - 1.1.2 Public Employee First Amendment Claim Discharge - Failure To Promote Political Disloyalty - Key Employee
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FAQ
Courts have made clear that a person does not relinquish his or her First Amendment rights under either the state or federal constitution when accepting employment with the government.
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child ography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, false ...
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.
Freedom of speech, or freedom of expression, applies to ideas of all kinds, including those that may be deeply offensive.
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.
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.
James Madison (1751?1836), the chief author of the Bill of Rights and thus of the First Amendment, was the foremost champion of religious liberty, freedom of speech, and freedom of the press in the Founding Era.