When Can Government Punish Its Employees’ Off-duty Speech to Protect Its Own Expression?

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3 Responses

  1. moz says:

    On guideline might be whether the public can choose not to deal with the individual. If I can dial 911 and ask for a non-homophobic police officer then it’s fine if there are homophobic officers. But if I can’t get effective legal aid because only racist lawyers are available, that’s an issue.

    Just ignore that there’s no legal requirement that legal aid be effective.

  2. dml says:

    thanks for this post. i am currently representing a gov agency moving to vacate an arbitral award reinstating an employee who displayed a racially offensive object in the workplace. the neb. case is one of the better synopses i’ve seen of the relevant case law, and i believe reaches the correct result. the s.ct. in my state has a case pending in which they will need to decide a very similar issue and i hope they read this case as well. in addition, i hope some arbitrators start paying attention before they write themselves out of work.

  3. Mitch Lewis says:

    I work for a natural resource agency in a western state. I have been threatened with reprimand and/or my job for belonging to and having input with a natural resource non-profit special interest group. This occurred off duty, as a private citizen, from my own computer and when using my own name. I also made no mention of my employment or position with the state.

    Is this legal? I am referring to Oregon law.