Orange Florida 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
In other words, a private person or private company (such as a social media company) cannot violate your constitutional free speech rights, only the government can do so. That is, unless the private party attempting to restrict speech qualifies for one of the three exceptions to the State Action Doctrine.
Rather, the First Amendment protects a public employee's right, in certain circumstances, to speak as a citizen addressing matters of public concern. Garcetti v.
So, as a government employee you CAN'T say whatever you want on social media and expect to be protected by the First Amendment. Public agencies and employees must be aware of the contours of the freedom of speech as applied to public employees.
The Bill of Rights guarantees that the government can never deprive people in the U.S. of certain fundamental rights including the right to freedom of religion and to free speech and the due process of law.
If you believe you have been the victim of a civil rights violation, you will have the option of filing a lawsuit against those responsible for any harm suffered. Legal issues involving civil rights can be very complicated without proper expertise.
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.
Employees working in states with employment-at-will laws can be fired for any reason at any time, and can also quit under the same broad circumstances. This means if you express a political opinion online or anywhere else your employer does not like, the company could let you go without explanation.
If your First Amendment rights have been violated, you should immediately contact a civil rights attorney. Your attorney will be able to guide you through the process of evaluating the violation and addressing the remediation process. There have been many court cases that center on the First Amendment.
To bring a First Amendment retaliation claim, the plaintiff must allege that (1) it engaged in constitutionally protected activity; (2) the defendant's actions would 'chill a person of ordinary firmness' from continuing to engage in the protected activity; and (3) the protected activity was a substantial or motivating
But when public employees make statements pursuant to their official duties, they are not speaking as private citizens for First Amendment purposes, and the Constitution does not protect their communications from employer discipline.