Our Feed

We are involved in our communities, our profession, and our clients' associations and activities.

Do employees have First Amendment free speech rights that protect them from employment consequences of free expression?

In the private sector, the First Amendment does not apply. However, in the public sector, employees have First Amendment rights that may protect them from employment consequences especially if the employee was speaking on a topic that is of interest to the public and if the employee was speaking in their capacity as a private citizen not in their role as a public employee. Courts will also look to whether the speech’s disruption to public-sector operations outweighs the speech rights of the individual employee. These are difficult cases to handle, and legal counsel should be consulted before any public-sector employer takes employment action based on speech

Author

Recent Articles & Announcements

  1. As a township or city clerk, whe...

    The Michigan Election Law requires that local clerks certify ballot question language to the County Clerk no later than the 82nd day before ...

    Read More
  2. Are municipal cell tower leases ...

    Yes, cell tower leases can generate a steady stream of revenue and, in many cases, have automatic “renewal terms” which, in the aggregat...

    Read More
  3. Where Data Meets Land Use: A Mic...

    The rise of data centers across Michigan has generated significant public attention and, in many communities, considerable apprehension. Loc...

    Read More
Talk to an Attorney
Request a Consultation

At Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.