Public Employees, Private Speech

First Amendment scholar David L. Hudson, Jr. has published an article in the ABA Journal explaining how the First Amendment can fail to protect the private speech of government employees–especially in the age of social media:

“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.”

The article can be found here.

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