Puerto Rico 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
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.
?Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.? First Amendment of the U.S. Constitution ...
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.
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 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.
Thus, to demonstrate a First Amendment violation, a citizen plaintiff must provide evidence showing that ?by his actions [the defendant] deterred or chilled [the plaintiff's] political speech and such deterrence was a substantial or motivating factor in [the defendant's] conduct.? Id.
Freedom of the press and speech allows American PR practitioners to tell clients and their publics the truth about situations, which allows our audiences to trust us and establish stronger relationships.