Pennsylvania Jury Instruction — 1.1.1 Public Employee First Amendment Claim Discharge — Failure To Promote Free Speech On Matter Of Public Concern In Pennsylvania, the First Amendment of the United States Constitution protects the freedom of speech, even in the context of public employment. A public employee has the right to engage in speech on matters of public concern, and it is unlawful for their employer to discharge or fail to promote them based on the content of such speech. This jury instruction, 1.1.1, specifically deals with public employee claims related to the failure to promote or discharge based on the failure to promote free speech on a matter of public concern. When considering cases under this claim, it is crucial to understand the elements involved. The instruction provides guidance on the following key points: 1. Public Employee: The claimant must be a public employee, meaning they work for a government entity or agency. 2. Free Speech: The claimant must have engaged in speech, which is generally protected by the First Amendment. This includes expressing opinions, raising concerns, or discussing matters that are of public interest or concern. 3. Matter of Public Concern: The speech in question must involve a matter of public concern, rather than solely addressing private matters or personal grievances. 4. Failure to Promote or Discharge: The employer must be accused of either failing to promote the claimant or discharging them based on their speech. 5. Causal Link: The claimant must demonstrate a causal connection between their speech and the employer's decision not to promote or their discharge. It's important to note that there may be different variations or related instructions under Pennsylvania Jury Instruction 1.1.1, depending on the specific circumstances of the case. Some potential variations or additional instructions could include: — Retaliation: If the employee faced adverse employment actions, such as demotion or reassignment, as retaliation for their speech. — Balancing Test: Courts might apply a balancing test to determine whether the speech involved a matter of public concern and if the employer's interest in efficient operation outweighed the employee's speech rights. — Qualified Immunity: Government officials, including employers, may claim qualified immunity if they reasonably believed their actions were lawful or if the law was not clearly established at the time of the incident. Public employee First Amendment claims related to the failure to promote free speech on matters of public concern can be complex. Proper jury instruction plays a vital role in guiding the jurors' understanding of these claims, ensuring a fair evaluation of the case based on relevant legal principles.
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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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.