Connecticut Jury Instruction — 1.1.1 Public Employee First Amendment Claim Discharge — Failure To Promote Free Speech On Matter Of Public Concern This specific Connecticut Jury Instruction, 1.1.1, focuses on public employee First Amendment claim discharge cases that involve the failure to promote free speech on a matter of public concern. In such cases, the defendant employer is accused of violating the plaintiff's First Amendment rights by retaliating against them for expressing opinions or engaging in speech related to matters of public concern. The purpose of this jury instruction is to guide the jury in understanding the elements that need to be proven for a successful claim, along with the legal standards relevant to such cases. Here are some important aspects covered under this instruction: 1. Public Employee Status: The instruction clarifies that the plaintiff must be a public employee to assert a First Amendment claim against their employer. Public employees are individuals employed by government entities or subdivisions, including federal, state, or local government agencies. 2. First Amendment Protection: The instruction emphasizes that public employees, like any other citizen, enjoy First Amendment protection for speech addressing matters of public concern. This includes voicing opinions related to political, social, or community issues that have significance beyond personal matters. 3. Contextual Application: The instruction highlights that when evaluating whether the speech in question addresses a matter of public concern, the content, form, and context of the speech should be considered. The jury is encouraged to analyze the speech's impact and relevance to the community or the wider public, rather than solely focusing on the individual's intent or motive. 4. Balancing Test: Connecticut follows the balancing test established by the Supreme Court in Pickering v. Board of Education (1968) to determine whether the employer's interest outweighs the employee's right to free speech. The jury is advised to consider the employee's interest in speaking out against matters of public concern against the employer's interest in promoting efficiency, maintaining discipline, or preventing disruption. 5. Causal Connection: The instruction instructs the jury to determine whether there is a causal connection between the employee's protected speech and the adverse employment action. The employee must demonstrate that their speech was a "substantial or motivating factor" leading to the adverse action. It's important to note that variations of this jury instruction may exist depending on the specific case or circumstances. Other related instructions may include guidance on burden of proof, the availability of damages or remedies, and the impact of qualified immunity on public employers. Overall, Connecticut Jury Instruction — 1.1.1 plays a crucial role in ensuring a fair and comprehensive understanding of First Amendment claims involving public employees who allege that their employer failed to promote free speech on matters of public concern.
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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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.