Kentucky 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
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.
Among other cherished values, the First Amendment protects freedom of speech.
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.
Freedom of speech does not include the right: To incite imminent lawless action. Brandenburg v. Ohio, 395 U.S. 444 (1969). To make or distribute obscene materials. Roth v. United States, 354 U.S. 476 (1957).
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.
Second, a few narrow categories of speech are not protected from government restrictions. The main such categories are incitement, defamation, fraud, obscenity, child ography, fighting words, and threats.