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

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.

Say What? Freedom of Speech In the Public Workplace

Freedom of Speech in the News

Freedom of Speech & Employment News

• Uuf-Da • You Betcha • Dontcha Know Speech in Minnesota

Irrelevant if off-duty Irrelevant if on personal social media

 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 .

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

First Amendment Employer’s Employee’s Interests in Interests in Restriction Expression

Anti-Discrimination Laws

R • U Treat similar employees similarly. • Harassment not protected. • L Insubordination not protected. • Consider freedom-of-religion E implications. S

More offensive the speech (especially if discriminatory), More powerful the employee’s position (City manager/administrator, department head, police officer) More Likely City Can Take Action Against Employee

SOCIAL MEDIA POLICIES

Job/Department-Specific Policies

Scenarios

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?

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?

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?

Discussion  Why does this situation feel differently?  What other concerns with firefighters and social media?

Maine City Manager

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?

Scenario -- Assassinations

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

Discussion  Does the job position matter?  Does the race/protected class of the employees matter?

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?

Scenarios

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