Public employees, like other citizens, have rights under the First amendment concerning the manner in which they are treated by the government. These rights include freedom of religion, speech, and association. Terminating or otherwise disciplining employees for exercising these rights is unconstitutional. But because the relationship between the government and individual citizens is a different consideration, a more delicate balancing of constitutional rights and the government’s prerogatives as an employer is required.
Constitutional protection against termination or other disciplinary actions based on public employee speech depends, first of all, on whether the employee was speaking as a citizen on a matter of public concern. Speech is on a matter of public concern and is potentially protected when it pertains to political or social matters that concern the larger community. Public employees who speak out in this way still might not be protected from termination or other discipline if their employers’ interests in efficiently and effectively delivering services outweigh employee speech rights.
Speech that harms supervisory relationships, promotes lack of harmony in the workplace, has a detrimental effect on close working relationships, or renders employees unable to perform their duties will not be protected. In other words, the public employee’s speech rights are “balanced” against the public employer’s interests and the effects of the speech. Termination or other disciplinary action should be imposed only when the exercise of these rights clearly interferes with an employee’s ability to do her job or with accomplishment of the public agency’s mission. Public employers must respect the constitutional rights of public employees, including their freedoms of religion, speech, and association.
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