Minnesota First Amendment Claim Lawyers

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.

Minnesota-Specific Laws & Precedents

How Minnesota Courts Have Ruled on First Amendment Retaliation Claims

Minnesota courts have addressed First Amendment retaliation claims in various contexts, including government employees facing adverse actions after speaking on matters of public concern. One notable case, Norgren v. Minnesota Department of Human Services, involved public employees challenging workplace policies on religious grounds, but the court dismissed the claims due to insufficient evidence of retaliation.

Additional State Protections

Beyond federal First Amendment protections, the Minnesota Whistleblower Act (MWA) offers additional safeguards for employees who report violations of law or public policy. Under this statute, employees can file claims against public employers for retaliatory actions.

Types of Public Employees Covered

Different categories of public employees may face First Amendment retaliation, including:

• Teachers – Protected when speaking on matters of public concern outside their official job duties.
• Police officers – Courts often scrutinize whether their speech impacts department efficiency and trust.
• Government contractors – Have some speech protections but may face limitations based on contract terms.

The Pickering Balancing Test

When evaluating a First Amendment retaliation claim in Minnesota, courts apply the Pickering test, weighing:

• The employee’s right to speak as a citizen on matters of public concern.
• The government employer’s interest in maintaining workplace efficiency and discipline.
• If an employee’s speech significantly disrupts the workplace, a court may rule in favor of the employer.

What Is Not Protected?

Not all speech is protected under the First Amendment. Instances where speech may not be protected include:

• Statements made in an employee’s official capacity rather than as a private citizen.
• Speech that disrupts workplace operations significantly.
• Personal grievances that do not involve broader public concerns.

Retaliation Beyond Termination

First Amendment retaliation does not always involve termination. Other forms of retaliation include:

• Demotions or pay reductions.
• Unfavorable transfers or reassignments.
• Negative performance evaluations or workplace harassment.

Legal Process for Filing a Claim in Minnesota

Employees who believe they have faced retaliation should follow these steps:

• Consult an Attorney – Get legal guidance on whether the case qualifies as First Amendment retaliation.
• Gather Evidence – Document incidents of retaliation, including emails, performance reviews, and witness statements.
• File a Complaint – Submit a legal claim in the appropriate court.

Deadlines for Filing in Minnesota

The statute of limitations for filing a First Amendment retaliation claim under the Minnesota Whistleblower Act is six years, making timely legal action critical.

Damages & Remedies Available

Employees who successfully prove retaliation may be entitled to:

• Reinstatement to their prior position.
• Back pay for lost wages and benefits.
• Compensatory damages for emotional distress.
• Punitive damages in cases of egregious misconduct.

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