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The government is not permitted to fire an employee based on the employee's speech if three criteria are met: the speech addresses a matter of public concern; the speech is not made pursuant to the employee's job duties, but rather the speech is made in the employee's capacity as a citizen; [47] and the damage inflicted on the government by the ...
FN23 In enacting the Lloyd–La Follette Act, Congress weighed the competing policy considerations and concluded that efficient management of government operations did not preclude the extension of free speech rights to government employees.FN24. Footnote 20.
During colonial times, English speech regulations were rather restrictive.The English criminal common law of seditious libel made criticizing the government a crime. Lord Chief Justice John Holt, writing in 1704–1705, explained the rationale for the prohibition: "For it is very necessary for all governments that the people should have a good opinion of it."
First Amendment jurisprudence is the longest sustained meditation on how to have free speech in a free society, and it has generally done a pretty good job of carving out reasonable exceptions to ...
The so-called “medical free speech protection” was a last-minute add to House Bill 315, a more than 400-page bill pa ... supports state employee compensation; reimburses county boards of ...
Garcetti v. Ceballos, 547 U.S. 410 (2006), is a U.S. Supreme Court decision involving First Amendment free speech protections for government employees. The plaintiff in the case was a district attorney who claimed that he had been passed up for a promotion for criticizing the legitimacy of a warrant.
Cases that consider the First Amendment implications of payments mandated by the state going to use in part for speech by third parties Abood v. Detroit Board of Education (1977) Communications Workers of America v. Beck (1978) Chicago Local Teachers Union v. Hudson (1986) Keller v. State Bar of California (1990) Lehnert v. Ferris Faculty Ass'n ...
The Hatch Act of 1939, An Act to Prevent Pernicious Political Activities, is a United States federal law that prohibits civil-service employees in the executive branch of the federal government, [2] except the president and vice president, [3] from engaging in some forms of political activity. It became law on August 2, 1939.