TNHarley
Diamond Member
- Sep 27, 2012
- 93,406
- 55,476
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The government doesn't have rights. Citizens do.
When you are working for the government, ESPECIALLY the Judicial Branch, you are part of the government.
Past supreme court cases on the government and first amendment rights :
Pickering v. Bd. of Education, 391 U.S. 563 (1968), Connick v. Myers, 461 U.S. 138 (1983), and Garcetti v. Ceballos, 547 U.S. 410 (2006)
Speeches in question needs to clear several tests before First Amendment protections apply :
1. the speech must touch on a matter of public concern. Complaints about your boss or your working conditions don’t implicate matters of public concern and therefore aren’t protected by the First Amendment. Comments about issues relating to public safety, public finances and similar “big picture” issues do justify constitutional protection.
2. the speech must fall outside of the employee’s job duties.
3. the employee’s interest in free expression must outweigh the government’s interest in the efficient and effective provision of services.
AGAIN I will say : The government doesn't have rights. Citizens do![thup :thup: :thup:](/styles/smilies/thup.gif)
When you are working for the government, ESPECIALLY the Judicial Branch, you are part of the government.
Past supreme court cases on the government and first amendment rights :
Pickering v. Bd. of Education, 391 U.S. 563 (1968), Connick v. Myers, 461 U.S. 138 (1983), and Garcetti v. Ceballos, 547 U.S. 410 (2006)
Speeches in question needs to clear several tests before First Amendment protections apply :
1. the speech must touch on a matter of public concern. Complaints about your boss or your working conditions don’t implicate matters of public concern and therefore aren’t protected by the First Amendment. Comments about issues relating to public safety, public finances and similar “big picture” issues do justify constitutional protection.
2. the speech must fall outside of the employee’s job duties.
3. the employee’s interest in free expression must outweigh the government’s interest in the efficient and effective provision of services.
AGAIN I will say : The government doesn't have rights. Citizens do
![thup :thup: :thup:](/styles/smilies/thup.gif)