First Amendment

In a previous article, “They Said WHAT!?”: A Primer on Public Employee Freedom of Speech, discussed the basics of public employee free speech under the First Amendment.  This article will address the issue of how agencies may restrict employees from posting certain content on social media consistent with the First Amendment. The Test As a reminder, in the previous article mentioned above, we discussed the following

Law enforcement agencies in the United States know all too well the importance of protecting individuals’ First Amendment rights during mass demonstrations. But what happens when officers find themselves in the crosshairs of the demonstrators’ rage? This is the challenge faced by officers more and more, particularly after the in-custody death of George Floyd on May 26, 2020. Faced with the dichotomy between protecting

The “freedom of speech” is clearly set forth in the First Amendment of the United States Constitution.[1] The freedom of speech is the right to articulate one’s opinions and ideas without fear of government retaliation or censorship, or societal sanction. The freedom of expression is oftentimes used synonymously with the freedom of speech which can cause an issue for public-sector employers and employees, since