Free Speech Rights of Public Employees

Protecting the Constitutional Rights of America’s Public Workforce

If you’re a government employee, you don’t leave your First Amendment rights at the door when you show up for work. We represent employees who have been punished for speaking out on matters of public concern — whether in the workplace, online, or in the community.

Your right to speak freely on issues that affect the public is protected by the First Amendment, even when you work for a government agency. But asserting that right can come at a cost — and we’re here to help when it does.

When Speech Is Protected by the First Amendment

Public employees do not have unlimited free speech rights on the job — but courts have recognized clear protections in many circumstances.

Speech is protected when:

• It addresses a matter of public concern (e.g., public safety, corruption, misuse of public funds, discrimination, policy failures)
• The employee speaks as a private citizen, not as part of their official job duties
• The government employer’s interest in workplace efficiency does not outweigh the employee’s right to speak

This legal test comes from the U.S. Supreme Court’s landmark decision in Pickering v. Board of Education and several other cases from the lower courts.  We understand how to apply these doctrines to real-world employment disputes.

Common Examples of Protected Speech

• Reporting corruption, fraud, or safety violations to the media or lawmakers
• Speaking out at a school board or city council meeting
• Posting opinions on social or political issues on personal social media accounts
• Complaining about unlawful discrimination or harassment
• Union activity and collective advocacy
• Participating in protests, rallies, or political campaigns on your own time

Retaliation for Protected Speech

If you were demoted, transferred, disciplined, terminated, or investigated after exercising your right to free speech, you may have a claim for First Amendment retaliation.

We represent public employees in:

• Internal investigations and grievance procedures
• Civil rights lawsuits under 42 U.S.C. § 1983
• State law claims for retaliatory discharge or whistleblower protection
• Federal and state court litigation
• Administrative hearings and appeals

Illinois has additional Free Speech Rights

Did you know that Illinois has its own constitutional protection for free speech?   Illinois Constitution, Art. I, Sec. 4 – Recognizes free expression rights similar to the First Amendment. It states that “All persons may speak, write and publish freely, being responsible for the abuse of that liberty. In trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense.”  In addition, several Illinois laws protect the right to speak out in the workplace, including:

• Illinois Whistleblower Act (740 ILCS 174) – Prohibits retaliation against employees who disclose violations of law, which often overlaps with protected speech.
• Illinois Right to Privacy in the Workplace Act (820 ILCS 55/5) – Limits employers from disciplining employees for lawful off-duty conduct, including speech and political expression.
• Illinois Common Law Retaliatory Discharge – Protects employees fired for engaging in conduct that serves public policy, such as exposing misconduct or participating in protected speech.

Our Experience in First Amendment Employment Cases

We know how to:

• Challenge vague or pretextual “disruptive workplace” claims
• Use evidence of political bias or selective enforcement
• Prove causation between your speech and adverse employment action
• Fight for reinstatement, damages, and attorney fees