Pennsylvania 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
Upon hearing about their plan to wear the armbands, the school district created a policy forbidding armbands. The three students wore the armbands anyway, and they were suspended from school. They sued the district for violating their 1st Amendment rights.
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.
The main such categories are incitement, defamation, fraud, obscenity, child ography, fighting words, and threats.
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. The First Amendment only prevents government restrictions on speech.
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.
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.
Government can limit some protected speech by imposing ?time, place and manner? restrictions. This is most commonly done by requiring permits for meetings, rallies and demonstrations. But a permit cannot be unreasonably withheld, nor can it be denied based on content of the speech.