Missouri 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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FAQ
Among other cherished values, the First Amendment protects freedom of speech.
While the First Amendment protects employees' right to speak their minds, the First Amendment does not protect workers from suffering the natural and foresee- able consequences of being disciplined or terminated for undesirable or unwanted speech.
Second, a few narrow categories of speech are not protected from government restrictions. The main such categories are incitement, defamation, fraud, obscenity, child ography, fighting words, and threats. As the Supreme Court held in Brandenburg v.
The Court generally identifies these categories as obscenity, defamation, fraud, incitement, fighting words, true threats, speech integral to criminal conduct, and child ography.
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.
Government can limit some protected speech by imposing ?time, place and manner? restrictions. This is most commonly done by requiring permits for meetings, rallies and demonstrations. But a permit cannot be unreasonably withheld, nor can it be denied based on content of the speech.