Two recent court rulings have provided further guidance on First Amendment protection for public employees. Both cases involve allegations from public employees that they were fired in violation of their First Amendment rights.
In June of 2014, the United States Supreme Court issued a decision in Lane v. Frank, which clarified free speech rights for public employees. Lane was an administrator at an Alabama community college. Lane was terminated after he was subpoenaed to testify before a federal grand jury and later at the criminal prosecution of a former employee of the college. Lane sued the college claiming he was terminated in violation of his First Amendment rights.
The U.S. Supreme Court in a unanimous decision held that the First Amendment protects a public employee who is subpoenaed and truthfully testifies where the testimony is outside the employee’s duties. According to the Court, Lane testified at the criminal trial as a citizen on a matter of public concern. Lane’s speech was not made pursuant to his official job duties even if some of what he testified about concerned his job duties.
Another recent ruling in Dougherty v. Philadelphia School District echoed the Supreme Court’s decision in Lane. In Dougherty, an employee of the Philadelphia School District was fired after revealing to the Philadelphia Inquirer that he believed the Superintendent of the school district improperly steered a contract for security cameras to a minority owned business. As in Lane, the Third Circuit Court focused not on the content of the employee’s speech but whether the speech itself was within the scope of the employee’s duties. The Third Circuit found that the employee’s report to the Philadelphia Inquirer was not made pursuant to his official job duties ad he had no obligations or responsibilities in fact or under the law. Dougherty spoke as a citizen on a matter of public concern and as such he was entitled to First Amendment protection.
As always employers should use caution when disciplining an employee in matters where First Amendment rights are implicated. These recent cases have made it clear that in certain instances public employees can speak on matters involving their public employment as a citizen and receive First Amendment protections.
Please feel free to contact us for copies of these cases or if you have any questions regarding First Amendment rights in the workplace.
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