Orange California Jury Instruction — 1.1.2 Public Employee First Amendment Claim Discharge — Failure To Promote Political Disloyalty — Key Employee is a specific instruction provided to juries in Orange County, California, regarding cases involving public employees who claim they were wrongfully discharged or not promoted based on their political beliefs or activities. This jury instruction focuses on the First Amendment rights of public employees and the potential violation of those rights by their employers. It addresses situations where a public employee alleges that their discharge or failure to be promoted was a result of political disloyalty. Political disloyalty refers to instances where a public employee's political beliefs or activities contradict or are deemed disloyal to the employer's political stance or agenda. Key employee status comes into play in this instruction, indicating that the employee holds a crucial position or role within their organization. The instruction instructs the jury to carefully evaluate the evidence presented and determine whether the public employer's decision to discharge or not promote the employee was based on their political beliefs or activities, rather than legitimate, non-discriminatory grounds. It is essential for the jury to understand the legal framework and principles surrounding the First Amendment and the protection it provides to public employees. They must consider the balance between an employee's rights to engage in political activities and an employer's discretion to make personnel decisions based on legitimate factors unrelated to political affiliation. Key elements of this instruction include: 1. First Amendment Protection: The instruction covers the constitutional right to free speech and political expression, emphasizing that public employees should not face retaliation for their political beliefs or activities. 2. Political Disloyalty: The jury is informed that political disloyalty can be a valid claim if the employee can prove that their discharge or failure to be promoted was a direct result of their political beliefs or activities that conflicted with the employer's political stance. 3. Key Employee: The term "key employee" is used to highlight the significance of the employee's role within their organization. This distinction acknowledges that different standards may apply to such individuals due to the nature of their position. Overall, this specific jury instruction aims to guide the jury in cases involving public employees in Orange County, California, who assert that their discharge or failure to be promoted was based on political disloyalty. It helps ensure a fair and impartial evaluation of the evidence presented, considering both the First Amendment rights and the legitimate interests of the public employer.