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9 (Particular Rights—First Amendment—Public Employees—Speech) when the plaintiff is a public employee. As a government employee, you still have a First Amendment right to speak out on important issues.Employee Free Speech Jury Instructions. 9. Free Speech Rights of Public Employees The issue: May the government use the speech of a public employee as the basis for discharge or denying promotion? The "freedom of speech" is clearly set forth in the First Amendment of the United States Constitution. Free Speech Fundamentals: Government employees have free speech rights only when they speak as private citizens. James, LAL, 16, 25, 133, 158, 9.9. Embiid, PHI, 9, 16, 72, 88, 9. He was speaking at the Saudi Special Economic Zones Investment Forum in Riyadh on Monday.