Michigan Jury Instruction - 1.1.2 Public Employee First Amendment Claim Discharge - Failure To Promote Political Disloyalty - Key Employee
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FAQ
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.
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.
Often, employers have a code of conduct that is provided to employees as part of their terms of employment which can restrict employees' speech not only at the workplace and during work hours, but outside of the workplace as well.
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. It does not include private citizens, businesses, and organizations.
The Court also acknowledged, however, in Pickering v. Board of Education (1968) that ?the threat of dismissal from public employment . . . is a potent means of inhibiting speech.? In the 1960s, the Court crafted a doctrine that afforded public employees at least some degree of First Amendment protection.
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.
The compelled speech doctrine sets out the principle that the government cannot force an individual or group to support certain expression.