Join ICAP and our guest speaker Kevin Techau as we cover the First Amendment. Freedom of Speech, and how the First Amendment affects public employees, is complicated and often a topic of intense discussion. Additionally, government employees must respect the speech rights of the public they serve. Situations involving first amendment auditors, or the management of government social media pages, can be fraught with questions.
Government employees have First Amendment rights to speech, but these are not absolute and are balanced against the government's interest in an effective and efficient workplace. Speech is protected if it is made regarding a matter of "public concern" and does not disrupt the workplace. However, speech made as part of one's official job duties is generally not protected. In addition, the government cannot retaliate against an employee for political activity, except for high-level positions with policy-making duties.
This session will overview how the First Amendment applies to the duties and off-duty conduct of public employees.