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Exceptions Based On Government Conspiracy Or State Action There are some limited situations in which an individual is technically liable for First Amendment violations. First, if you can prove that a single person is acting in conspiracy with the government to restrict a person's rights, you may have a case.
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. 9.11 Particular Rights?First Amendment?"Citizen" Plaintiff US Courts (.gov) ? jury-instructions ? node US Courts (.gov) ? jury-instructions ? node
To win your case, an attorney must prove three things: Your expression was protected. An adverse reaction that would deter a ?person of ordinary firmness? was taken against you. The adverse action was taken as a direct result of your expression.
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.
The First Amendment's freedom of speech is quite broad ? in general, the government cannot punish someone for the things they say. But, a few categories of speech have been recognized by the Supreme Court as being disqualified from First Amendment protection.
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 Court also acknowledged, however, in Pickering v. Public Employees - The Free Speech Center mtsu.edu ? article ? public-emplo... mtsu.edu ? article ? public-emplo...