Maine 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
PEPFA, as opposed to the First Amendment, provides public employees protection from retaliation for speaking to elected officials about their job duties.
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.
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.
The compelled speech doctrine sets out the principle that the government cannot force an individual or group to support certain expression.
The First Amendment only protects your speech from government censorship. It applies to federal, state, and local government actors. This is a broad category that includes not only lawmakers and elected officials, but also public schools and universities, courts, and police officers.
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.
Generally, no. The First Amendment applies only to governmental action.
The categories of unprotected speech include obscenity, child ography, defamatory speech, false advertising, true threats, and fighting words.