Connecticut 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
Upon hearing about their plan to wear the armbands, the school district created a policy forbidding armbands. The three students wore the armbands anyway, and they were suspended from school. They sued the district for violating their 1st Amendment rights.
The First Amendment applies only to governmental action?not behavior by private employers, private companies, or private, non-government individuals?unless they acted in concert with government actors.
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 ...
Freedom of speech means that we can express opinions that are unpopular and ones that powerful people might disagree with. Connecticut law extends that Constitutional freedom of free speech to private employers. This law limits an employer's ability to limit your free speech rights in the workplace.
Connecticut's free speech statute provides a cause of action for private and public em- ployees who are terminated, or otherwise disciplined, as a result of exercising their free speech rights, as protected by the fed- eral and state constitutions.
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.
But not all speech is protected When the rights and liberties of others are in serious jeopardy, speakers who provoke others into violence, wrongfully and recklessly injure reputations or incite others to engage in illegal activity may be silenced or punished.
Among other cherished values, the First Amendment protects freedom of speech.
AN ACT PROTECTING EMPLOYEE FREEDOM OF SPEECH AND CONSCIENCE.
Government can limit some protected speech by imposing ?time, place and manner? restrictions. This is most commonly done by requiring permits for meetings, rallies and demonstrations. But a permit cannot be unreasonably withheld, nor can it be denied based on content of the speech.