I have provided some articles and case law discussing public employees and the First Amendment. Based on the topics in the Module 4 readings, the additional materials I have provided, and your own research, write a memorandum (3-5 pages) in which you analyze the First Amendment issues present in the following scenarios.
Scenario 1: Fig Newton is employed by a state agency. He took annual leave from January 4 to January 8, 2021, and travelled to Washington, D.C. for vacation. On January 6, 2021, he attended the Stop the Steal Rally in Washington, D.C. and then returned to his hotel. He watched the storming of the Capitol on the television in his hotel room. He posted about his experience on Facebook. When he returned to work the next week, his supervisor (who had seen Fig’s Facebook post about the rally) informed him that his employment was terminated effective immediately because of his participation in the rally.
• Did the state agency violate Fig Newton’s First Amendment rights when it terminated his employment? Why or why not?
Scenario 2: Pecan Sandie is employed by a small private business. She took annual leave from January 4 to January 8, 2021, and travelled to Washington, D.C. for vacation. On January 6, 2021, she attended the Stop the Steal Rally in Washington, D.C. and then returned to her hotel. She watched the storming of the Capitol on the television in her hotel room. She posted about her experience on
Facebook. When she returned to work the next week, her supervisor (who had seen Pecan’s Facebook post about the rally) informed her that her employment was terminated effective immediately because of her participation in the rally.
• Did the private business violate Pecan Sandie’s First Amendment rights when it terminated her employment? Why or why not?
Scenario 3: Ginger Snap is employed by a state agency. She took annual leave from January 4 to January 8, 2021, and travelled to Washington, D.C. for vacation. On January 6, 2021, she attended the Stop the Steal Rally in Washington, D.C. and then followed the crowd to the U.S. Capitol, past the barricades, up the steps, and into the Rotunda, where she wondered around admiring the statutes and paintings. When she saw a violent interaction, she became alarmed and returned to her hotel. When she returned to work the next week, her supervisor (who had seen Ginger inside the Rotunda on the news) informed her that her employment was terminated effective immediately because of her “participation in the insurrection.”
• Did the state agency violate Ginger Snap’s First Amendment rights when it terminated her employment? Why or why not?