Virgin Islands Jury Instruction — 1.1.1 Public Employee First Amendment Claim Discharge — Failure To Promote Free Speech On Matter Of Public Concern In the Virgin Islands, a public employee may have a First Amendment claim for discharge if they believe their employer failed to promote and protect their right to free speech on a matter of public concern. This particular jury instruction, numbered as 1.1.1, addresses the necessary elements and principles surrounding this claim. When a public employee expresses their opinions on matters that are of public importance or concern, they are exercising their right to free speech protected by the First Amendment of the United States Constitution. Public employees should not face retaliation or adverse employment actions solely for expressing themselves on such matters. Key elements of the Virgin Islands Jury Instruction — 1.1.1 Public Employee First Amendment Claim Discharge — Failure To Promote Free Speech On Matter Of Public Concern: 1. Public employee status: The person claiming a violation of their First Amendment rights must be a public employee. This means they work for a government entity or a publicly funded organization. 2. Constitutionally protected speech: The employee must have engaged in speech or expression that is protected by the First Amendment. This type of speech generally involves a matter of public importance or concern, and not purely personal or private matters. 3. Link to a matter of public concern: The speech or expression must address a matter of public concern, something that is of interest or relevance to the public. This can include discussions about government policies, corruption, public health and safety, or other issues affecting the community. 4. Adverse employment action: The employee must have suffered adverse employment action, such as discharge, demotion, suspension, or any other negative consequence that significantly impacts their employment. 5. Causal link: There should be a direct causal link between the employee's protected speech and the adverse employment action taken against them. It must be established that the employer's failure to promote or protect the employee's free speech rights was a substantial motivating factor in the adverse action. Different types of the Virgin Islands Jury Instruction — 1.1.1 Public Employee First Amendment Claim Discharge — Failure To Promote Free Speech On Matter Of Public Concern may include variations based on specific circumstances, such as: — Differentiating between types of public employees: The instruction might differentiate between employees of different government agencies or organizations, outlining specific standards or considerations for each. — Analysis of employer's reasons: The instruction may provide guidance on analyzing the employer's reasons for the adverse action, determining if they were based on the employee's protected speech or on legitimate non-retaliatory factors. — Standard of proof: The instruction might address the standard of proof required for the claim, ensuring that the jury understands the burden of the employee to establish their First Amendment claim. Overall, Virgin Islands Jury Instruction — 1.1.1 Public Employee First Amendment Claim Discharge — Failure To Promote Free Speech On Matter Of Public Concern serves as an essential framework for assessing claims brought by public employees who believe their right to free speech on matters of public concern has been violated. It outlines the necessary elements, standards, and considerations to guide the jury's decision-making process.