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