Indiana Jury Instruction - 1.1.2 Public Employee First Amendment Claim Discharge - Failure To Promote Political Disloyalty - Key Employee
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FAQ
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.
The five freedoms it protects: speech, religion, press, assembly, and the right to petition the government.
We have a case where an individual posted a parody Facebook page of the Parma Police Department and the police retaliated against him with trumped up charges of having interfered with their operations. That's another example of First Amendment retaliation.
If you are a state or federal employee, then you are protected from retaliation for exercising free speech by the First Amendment and the Fourteenth Amendment. This means that when you exercise your right to free speech, your government employer cannot retaliate against you with negative employment action.
Courts used the so-called "Lemon Test" for nearly four decades to determine when laws or practices violated the First Amendment clause that prohibited government from "establishment of religion." Under the test, the courts would determine the type of aid, whether its primary effect advanced or inhibited religion and ...
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.
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.
It prohibits any laws that establish a national religion, impede the free exercise of religion, abridge the freedom of speech, infringe upon the freedom of the press, interfere with the right to peaceably assemble, or prohibit citizens from petitioning for a governmental redress of grievances.