Opening Arguments The 1968 Case That Proves the Charlie Kirk Firings Were Illegal
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Dec 22, 2025 Janessa Seymour, an attorney and voting rights advocate, dives into the impact of First Amendment rights for public employees. She discusses the landmark Pickering v. Board of Education case, illuminating how it defines the balance between free speech and workplace efficiency. Janessa emphasizes that public employees, like teachers, generally have strong protections when criticizing policies on platforms like Facebook. The conversation also addresses modern implications surrounding firings and the necessary evidence for workplace disruption amid public backlash.
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Public Employees Keep Free Speech Rights
- Pickering established that public employees do not surrender their First Amendment rights by taking a government job.
- Speech on matters of public importance receives heightened protection against discipline by the state employer.
Insider Access Raises Stakes For False Claims
- Courts consider whether a teacher relied on unique insider knowledge when evaluating falsity's harm.
- If a teacher used only public records, their mistakes are easier for the board to correct and less likely to justify firing.
Demand Evidence Of Disruption
- Employers must present evidence of actual disruption to justify firing over speech.
- Public employees should document that their speech did not disrupt job duties if challenged.