Michigan 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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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

Your speech is protected. However, there are exceptions. You can use the flowchart inside this guide to help you figure out whether or not particular types of speech are likely to be legally protected. This guide does not provide specific legal advice, but rather provides an overview of this complex area of law.

You generally only have First Amendment rights at work if your employer is the government. The First Amendment does not apply to private actors, such as private businesses. However, some state and federal employment laws protect some of your speech in the workplace.

If the government employee's speech did not arise out of their official duties, the First Amendment might protect their speech if: The speech was on a matter of public concern. The government employee's interest in commenting on the matter of public concern outweighs the employer's interest in regulating the speech.

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 government speech doctrine is a principle of constitutional law which says that, although the First Amendment's Free Speech Clause limits government regulation of private speech, it does not restrict the government when the government speaks for itself.

Public employees have a right to speak out on matters of public concern or importance as long as the expression is not outweighed by the employer's interest in an efficient, disruption-free workplace.

Public employees have First Amendment protection when they speak out on matters of public concern, but not when they speak out in the course of their official duties.

The compelled speech doctrine sets out the principle that the government cannot force an individual or group to support certain expression.

The right to freedom of speech allows individuals to express themselves without government interference or regulation. The Supreme Court requires the government to provide substantial justification for interference with the right of free speech when it attempts to regulate the content of the speech.

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Michigan Jury Instruction - 1.1.1 Public Employee First Amendment Claim Discharge - Failure To Promote Free Speech On Matter Of Public Concern