Cambridge, Massachusetts Officer Disciplined for George Floyd Facebook Post Loses Free Speech Court Battle

By Jim Cline and Peter Haller

In Hussey v Cambridge, a police officer sued after he was suspended for four days without pay following a Facebook post he made criticizing a police reform bill named after George Floyd. The Court held that the officer’s First Amendment rights were not violated because the officer’s right to free speech was outweighed by the City’s interest in promoting community trust.

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Court of Appeals Orders the Reinstatement of Two Illinois Officers Who Were Fired for Whistleblowing About their Chief

By Jim Cline and Peter Haller

 In Noon v. Smedley,the Federal 8th Circuit Court of Appeals ordered that two Illinois police officers be reinstated after they had been fired in retaliation for expressing negative sentiments about the chief of police. The court held that the officers’ speech was protected under the first amendment.

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Tennessee Court Upholds Police Officer’s First Amendment’s Free Speech Rights

By Jim Cline and Mark Anderson

In Bagby v. City of Morristown, a Tennessee court ordered a trial for Officer Bagby’s claim that the City of Morristown Police Department violated his freedom of speech by firing him in retaliation for comments he made at a City Council meeting.

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Retired Maryland Police Officer’s Personal Disagreement with Co-Worker Not Protected by First Amendment

By: Loyd Willaford and Clive Pontusson

In Carey v. Throwe, a federal court determined that misleading statements made by former colleagues and supervisors of a police officer were not retaliation for exercise of his First Amendment rights, because his comments were not protected by the First Amendment. Because Norris Carey’s statements were not about a “matter of public concern” they were not protected, and therefore he was not a victim of unlawful retaliation. His lawsuit was dismissed by the Court. [Read more…]

Dismissal of Kansas Police Department Secretary Who Gave Testimony Against Department Not a Violation of First Amendment

By: Loyd Willaford and Matt Baker

In Helget v. City of Hays, a former administrative secretary to a police department claimed that her First Amendment rights were violated after she was terminated for testifying about confidential information. The department argued that the speech was not protected because it did not touch on a matter in the public interest and it disrupted department functions. The Tenth Circuit Court agreed and dismissed the administrative secretary’s claims. [Read more…]

Right of South Carolina Deputy to Free Speech Depends On Whether His Speech Will Be Disruptive

By: Loyd Willaford Clive Pontusson

In Billioni v. Bryant, the U.S. Court of Appeals found that a trial court had applied an incorrect legal standard to an Officer’s claim that his First Amendment right to free speech had been violated. Billioni was an employee of the York County Detention Center who discussed video footage of the alleged beating of a detainee with the press. When he was fired for doing so, he filed a lawsuit claiming he had a right under the First Amendment to bring this information to the public. This raised complex legal issues, and the U.S. Court of Appeals issued a narrow ruling regarding the test for when a government employee may share confidential information that may be of concern to the public. Billioni’s lawsuit will therefore continue in a lower court. [Read more…]

Washington Supreme Court Upholds Fire Department Captain’s right to send religiously-themed emails

By: Loyd Willaford and Matt Baker

In Sprague v. Spokane Valley Fire Dep’t, a fire department captain was fired for sending emails to his coworkers containing Biblical themes and verses from scripture. The civil service commission upheld the firing as permissible. The fire department captain sued the department in court and appealed to the Washington Supreme Court. The court held that the state agency’s decision against the captain did not bar his lawsuit, and that the captain’s emails were protected by the First Amendment. [Read more…]

Last Chance Agreement Violates Oregon Officer’s Right to Free Speech

By: Loyd Willaford and Clive Pontusson

In Barone v. City of Springfield, a Community Service Officer from Oregon sued her Police Department for violating her free speech rights. Despite the fact that Thelma Barone had been hired to handle complaints of racial profiling by the department, she was fired for speaking out about issues of racial discrimination. The federal Court of Appeals ruled that a last chance agreement offered by her employer was too restrictive, because it did not allow her to share information about the Police Department with the general public.

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Volunteer Firefighter has Triable First Amendment Claim for His Termination following Workplace Complaints

By: Loyd Willaford Matt Baker

In Frakes v. Elba-Salem Fire Protection District, a volunteer firefighter alleged he had been unlawfully terminated after complaining about perceived violations by the Fire District. He argues that his firing was retaliation for complaints about unlawful behavior, and therefore that his First Amendment right to free speech was violated. The United States Federal Court for the Central District of Illinois found that some of his claims had merit and moved for a jury trial.

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Inflammatory Political Bumper Sticker on Detention Officer’s Car Not Covered by First Amendment

By: Loyd Willaford and Matt Baker

In Williams v. McKee, a detention officer at a jail was terminated because he continuously displayed an offensive bumper sticker on his truck. The Sheriff in charge of the facility repeatedly warned him to take down or cover up the sticker, but these warnings went largely unheeded. After his termination, the detention officer brought a lawsuit alleging that his First Amendment rights had been violated. The Tenth Circuit Court affirmed the lower court’s motion to dismiss the suit.

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