Mississippi Jury Instruction — 1.1.1 Public Employee First Amendment Claim Discharge — Failure To Promote Free Speech On Matter Of Public Concern: This jury instruction in Mississippi pertains to a claim made by a public employee who has been discharged or faced adverse employment actions due to an alleged failure to promote free speech on a matter of public concern. This instruction guides the jury in understanding the legal standard and elements necessary to establish such a claim. Keywords: Mississippi, jury instruction, public employee, First Amendment claim, discharge, failure to promote, free speech, matter of public concern. Description: The Mississippi Jury Instruction — 1.1.1 is a legal guideline specifically designed to address First Amendment claims raised by public employees who have been discharged or subjected to adverse employment actions. This instruction aims to clarify the responsibilities and obligations of employers regarding promoting and protecting free speech rights of their employees, particularly on matters of public concern. When a public employee asserts a claim under this instruction, they must demonstrate that their discharge or adverse employment action was directly linked to the failure of their employer to uphold their First Amendment right to free speech on a matter of public concern. The instruction outlines the following elements necessary to establish a successful claim: 1. Public Employee Status: The jury must consider whether the individual asserting the claim is a public employee, as this instruction specifically focuses on cases within the public sector. 2. First Amendment Protection: The jury is instructed to determine whether the employee's speech is constitutionally protected by the First Amendment. It must be established that the speech is of public concern, meaning it addresses issues relating to the public interest or public policy. 3. Causal Relationship: The jury must assess the causal connection between the employee's speech and the adverse employment action taken against them. Establishing that the employee's protected speech was a substantial or motivating factor in their discharge or adverse treatment is crucial. 4. Balancing Test: The jury is instructed to apply a balancing test to assess the employee's interest in exercising their free speech rights against the employer's legitimate interests as a public entity. The balance must tilt in favor of the employee's interest for their claim to succeed. Different types: While the Mississippi Jury Instruction — 1.1.1 specifically addresses public employee First Amendment claims related to discharge or failure to promote free speech on matters of public concern, there may be variations of this instruction that pertain to other types of adverse employment actions. For example, jury instructions may exist for cases involving demotion or retaliatory actions taken against public employees based on their exercise of free speech rights. It is important to consult the specific instructions provided by the Mississippi courts for comprehensive guidance tailored to different types of public employee First Amendment claims in the state.