New Mexico 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
The right to free speech is not absolute. The U.S. Supreme Court has ruled that the government sometimes may be allowed to limit speech. Historically, a fundamental distinction arose between the content of speech and the means whereby that speech is expressed.
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child ography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, false ...
If you work for a private employer, then, the First Amendment does not protect your speech in the workplace. Your employer can restrict your rights to free speech without implicating the First Amendment. Private employers are any entities that are not a part of the government.
These opinions acknowledged that matters of public concern receive heightened protection under the First Amendment without elaborating on what constitutes a ?public concern? (or the phrase ?of public interest? is used interchangeably in numerous opinions).
The Supreme Court has ruled that public employee speech involving matters of public concern constitutes protected speech under the First Amendment. The U.S. Supreme Court first recognized that public employees could sue for retaliation in 1968. In the case Pickering v.
Nonetheless, as discussed below, the Supreme Court has recognized that the First Amendment permits restrictions upon the content of speech in a ?few limited areas,? including obscenity, defamation, fraud, incitement, fighting words, and speech integral to criminal conduct.
Court has said public employees do not lose their free speech rights. The Supreme Court recognizes that public employers must protect their business and efficiency interests.
The categories of unprotected speech include obscenity, child ography, defamatory speech, false advertising, true threats, and fighting words. Deciding what is and is not protected speech is reserved to courts of law.