Indiana 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.
Exceptions Based On Government Conspiracy Or State Action There are some limited situations in which an individual is technically liable for First Amendment violations. First, if you can prove that a single person is acting in conspiracy with the government to restrict a person's rights, you may have a case.
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.
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.
In broad terms, the First Amendment protects the right to be free from government abridgment of speech. Retaliation for the exercise of First Amendment rights is a blackletter constitutional violation.
To win your case, an attorney must prove three things: Your expression was protected. An adverse reaction that would deter a ?person of ordinary firmness? was taken against you. The adverse action was taken as a direct result of your expression.
The First Amendment's freedom of speech is quite broad ? in general, the government cannot punish someone for the things they say. But, a few categories of speech have been recognized by the Supreme Court as being disqualified from First Amendment protection.