Arizona 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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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

The First Amendment states, in relevant part, that: ?Congress shall make no law...abridging freedom of speech.?

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.

Aside from occasional public disapprobation, there is no penalty for violating the Constitution generally or the First Amendment in particular.

The NLRA protects your ?concerted activities? for ?mutual aid or protection.? 1 This includes speech between employees or co-workers about their working conditions, including discussions about: unionizing, workplace safety, wages, and.

Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child ography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, false ...

The categories of unprotected speech include obscenity, child ography, defamatory speech, false advertising, true threats, and fighting words. Deciding what is and is not protected speech is reserved to courts of law. The First Amendment only prevents government restrictions on speech.

Freedom of the Press and Freedom of Speech For instance: people are free to express themselves through publication; however, false or defamatory statements (called libel) are not protected under the First Amendment.

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.

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Arizona Jury Instruction - 1.1.1 Public Employee First Amendment Claim Discharge - Failure To Promote Free Speech On Matter Of Public Concern