Caveat Loquens: Let the Speaker Beware

William A. Herbert

Article comments

Reprinted with permission from the New York State Bar Association Labor and Employment Section Newsletter, June 1999, Vol 24, No 2 published by the New York State Bar Association, One Elk Street, Albany, NY 12207

Abstract

This article discusses the gap between First Amendment expectations and realities with respect to the scope of protected speech in the public sector workplace. While it is highly unlikely that the courts will recognize a qualified immunity against adverse action for traditional First Amendment activities, the article highlights the difficulty that both public employers and employees face in trying to discern the scope and limitations of protections emanating from the First Amendment.