Public Employee Speech

2 Responses to “Public employee speech”

Shaun Sundahl says:
JUNE 4, 2011 AT 2:48 PM

The issue I see with the First Amendment protections is: what is the standard of proof of the subject matter announced by the public employee? For example, how about the public employee who makes a public statement that the District Attorney’s Office is not able to process cases in an efficient manner resulting in the injustice to some? Would it suffice if the public employee reasonably believed this was the case? What if the public employee erroneously believed this was the case? Do we need to establish a probable foundation of the incompetence alleged? It appears the courts will look at the employer’s point of view. If the employer discharged the employee because they felt the public statement was not a matter of public concern, the courts will likely support the employer.

How First Amendment Rights Impact Public Sector Employees and Social Media | Orange Husky Productions says:
SEPTEMBER 5, 2012 AT 3:40 PM

[...] and background of the First Amendment and the applications for public sector employees. The report, Balancing Act: Public Employees and Free Speech, by David L. Hudson Jr, is a fantastic resource if you are looking for an overview of public sector [...]

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