First Amendment Claim Lawyers in Minneapolis

The First Amendment to the U.S. Constitution guarantees the right to exercise free speech. In the employment context, the First Amendment prohibits the federal government and state governments from retaliating against public employees for exercising their right to free speech.

What Is First Amendment Retaliation?

It is illegal for public employers to retaliate against their employees for exercising the right to free speech. Not everything that a public employee says constitutes protected speech. Rather, a public employee’s speech is protected when the employee is speaking as a citizen and commenting on matters of public concern. If the public employee’s speech satisfies those criteria, then the speech is protected, and the government employer cannot terminate or otherwise discipline the employee for speaking unless there is adequate justification for doing so.

If the public employee’s protected speech was a motivating factor in the government’s decision to terminate or discipline the employee, and the government did not have an adequate justification for its actions, then the employee may bring a First Amendment retaliation claim against their government employer.

The following are some examples of practices that may constitute illegal First Amendment retaliation:

• Your government employer fired or demoted you because you criticized a government policy or official.
• Your government employer fired or demoted you because of a political statement you made publicly or via social media or a blog post.
• Your government employer fired or demoted you because of your participation in a protest or political demonstration.

Our Minneapolis First Amendment claim attorneys can be reached online or at (877) 344-4628.