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
It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. It also guarantees the right of citizens to assemble peaceably and to petition their government.
1) First of all, government employees are only protected by the First Amendment when they are speaking as private citizens. If their speech is part of their official job duties, then they can be fired or disciplined for it. This rule comes from a 2006 Supreme Court case, Garcetti v.
While the First Amendment protects free speech rights for public employees in public sectors, it doesn't do so in all instances. For example, government employees are only protected by this amendment when speaking as private citizens.
Employees of private employers are subject to the private employer's rules, and the First Amendment offers no protection. However, private employers are not free to discipline employees for speech if that speech is affirmatively protected by another statute.
Private employers are generally free to regulate the speech of their employees, both within and outside of the workplace. In fact, most employers can even terminate a worker's employment simply based on social media posts.
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.
In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the United States Constitution, many state constitutions, and state and federal laws.
Employees in the public sector do have a protected right to free speech; however, this right is limited. The First Amendment only protects government employees when they are speaking as a private citizen.
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.