1. Get a card with a scenario. (All of these scenarios are based on - - PowerPoint PPT Presentation

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Sep 20, 2022 253 likes •592 views

1. Get a card with a scenario. (All of these scenarios are based on real-life situations.) 2. Consider whether the city employer can take action (discipline/termination) against the employee (i.e. the speech is not protected). 3. Well

SLIDE 1

1. Get a card with a scenario. (All of these scenarios

are based on real-life situations.)

2. Consider whether the city employer can take

action (discipline/termination) against the employee (i.e. the speech is not protected).

3. We’ll discuss some of these scenarios later.

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Freedom of Speech In the Public Workplace

Say What?

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Freedom of Speech in the News

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Freedom of Speech & Employment News

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Speech in Minnesota

Uuf-Da
You Betcha
Dontcha Know

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Irrelevant if off-duty Irrelevant if on personal social media

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First Amendment of U.S. Constitution
State constitutions
State & federal anti-discrimination laws (Title

VII, etc.)

State laws re: freedom of expression &

political activity

State labor laws
Whistleblower laws
State data privacy laws
Employer policies – social media,

respectful workplace, etc.

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Is the speech related to a matter of public concern? Do the employer’s interests outweigh the employee’s?

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Amendment

Employee’s Interests in Expression

First

Employer’s Interests in Restriction

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Anti-Discrimination Laws

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R U L E S

Treat similar employees similarly.
Harassment not protected.
Insubordination not protected.
Consider freedom-of-religion

implications.

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More offensive the speech (especially if discriminatory), More powerful the employee’s position (City manager/administrator, department head, police

fficer)

More Likely City Can Take Action Against Employee

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SOCIAL MEDIA POLICIES

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Job/Department-Specific Policies

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Scenarios

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Is the speech regarding a matter of public concern? What are the employee’s interests in the speech?

What are the employer’s interests in restricting the speech?

Is the speech protected?

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Discussion

Campus Job vs. Student
Does his job matter?
What do you think happened with his

employment?

What happens if five years from now, he

applies to work for your city?

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Discussion

Does it matter that he made these posts

before he became a police officer?

Does it matter that he made them three

years ago?

What if he had a different position?
What happens if he is involved in a

challenged incident with a Jewish person?

What do you think happened with his

employment?

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Discussion

Why does this situation feel differently?
What other concerns with firefighters and

social media?

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Maine City Manager

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Discussion

Does his job matter?
What do you think happened with his

employment?

What happens if five years from now, he

applies to work for your city?

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Scenario -- Assassinations

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Discussion

Does her job matter?
Does the location of the conversation

matter?

Does your opinion change if we substitute

Reagan with Obama or Trump?

Other scenarios re: death/assassination of

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Discussion

Does the job position matter?
Does the race/protected class of the

employees matter?

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Discussion

If she works for a private company, what is

the basis of her lawsuit?

What if she were a public employee?
Does your opinion change if instead of

President Trump this was President Obama?

What about obscenity?

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Scenarios

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Questions?

Jana O’Leary Sullivan League of Minnesota Cities jsullivan@lmc.org (651) 281-1243