Jury Instruction - 1.1.2 Public Employee First Amendment Claim Discharge - Failure To Promote Political Disloyalty - Key Employee 2025

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There is no blanket protection, and the extent of protection depends on many factors. The free speech rights of employees depend on whether they work for a public or private employer, the state in which they work, applicable federal and state statutes and whether they are protected by a union.
Public employees can make unique and important contributions to public debate. Recognizing the value of their knowledge and experience, the Supreme Court has held that public employees have a First Amendment right to speak out on matters of public concern.
Under the so-called Pickering-Connick test, employees must pass the threshold requirement of showing that their speech touched on a matter of public concern, defined as speech relating to any matter of political, social or other concern to the community. Then they must show that their free speech interests outweigh
From Pickering and Garcetti, most federal district courts utilize the same standard when evaluating a First Amendment Retaliation claim, examining whether the employee (1) spoke as a citizen on a matter of public concern; (2) suffered an adverse employment action; and (3) the speech was a substantial or motivating
To bring a First Amendment retaliation claim, the plaintiff must allege that (1) it engaged in constitutionally protected activity; (2) the defendants 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
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As a government employee, you still have a First Amendment right to speak out on important issues.
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.

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