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Saturday, January 9, 2021

DAVID L. HUDSON JR: Public Employees, Private Speech: 1st Amendment doesn't always protect government workers - ABA Journal American Bar Association

Public Employees, Private Speech: 1st Amendment doesn't always protect government workers
Public Employees, Private Speech: 1st Amendment doesn't always protect government workers


High-profile controversies over police shootings, questionable promotions, racial profiling, attacks on law enforcement and race-based incidents have led to an increase in public employees being disciplined for publicly posting commentary deemed offensive or incendiary.


Public employees have been suspended for all manner of speech—supporting the shooting of police officers, lauding officers for shooting citizens, criticizing their students or co-workers, mocking minorities or religions and for a litany of other messages on social media. Consider the following:

• A Nashville, Tennessee, police officer was fired in February after an investigation into a Facebook comment he made about how he would have shot motorist Philando Castile five times instead of four. Castile died last July after a St. Paul, Minnesota, officer shot him four times during a traffic stop.

• A fire captain in Austin, Texas, was suspended in November after posting inflammatory political opinions regarding Hillary Clinton and President Barack Obama on Facebook.

• A Mount Vernon, New York, fire lieutenant was suspended last August for an Instagram post expressing support for Micah Johnson, who killed five Dallas police officers and wounded seven others in a sniper attack.

• A New Rochelle, New York, police sergeant was suspended in August because of a Facebook post  CONTINUE READING: Public Employees, Private Speech: 1st Amendment doesn't always protect government workers