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Employee Rights and Information Center
Retaliation - Public Employees and First Amendment Rights

Many of us know that the First Amendment to the U.S. Constitution protects free speech, but what exactly does that mean for government (public) employees? If you are a state or federal employee, then you are protected from retaliation for exercising free speech by the First Amendment and the Fourteenth Amendment. This means that when you exercise your right to free speech, your government employer cannot retaliate against you with negative employment action. The law regarding free speech can be very complex, however, and not all speech and action is protected. Read below to find out more about what is protected and what limits your employer can legally impose on speech in the workplace.

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