Nebraska Jury Instruction - 1.1.2 Public Employee First Amendment Claim Discharge - Failure To Promote Political Disloyalty - Key Employee
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FAQ
Courts have made clear that a person does not relinquish his or her First Amendment rights under either the state or federal constitution when accepting employment with the government.
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.
Examples of adverse employment actions under the FEHA include wrongful termination, demotion, employer harassment, being placed on administrative leave, unjustified poor performance evaluations, and other actions that impair your job performance or advancement opportunities.
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.
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.
"To immediately place one party or the other on unpaid administrative leave potentially creates an adverse employment action or punitive conduct before an investigation is even underway," Rea said.
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 you are a public employee, your speech can still be limited so as not to disrupt workplace efficiency.