ABA Family Legal Guide

Law and the Workplace

On the Job

Special Rights of Public Employees

How does freedom of speech protect a public employee?

When public employees speak out on issues of public concern, their employer cannot discipline or discharge them for their comments. For example, if a schoolteacher writes a letter to the newspaper criticizing the curriculum developed by the school board, the school board could not discharge that teacher for the criticism. However, if the comments of the employee relate to matters of purely private concern, such as the teacher complaining that he or she did not get a requested day off, the principle of freedom of speech would not protect the teacher in the employment arena.