Constitutional law Flashcards
Eleventh Amendment jurisdiction of courts, and abrogation
A private individual cannot sue a state for money
damages in federal court.
Abrogation—Congress may expressly repeal state immunity if acting to enforce rights under
the 13th, 14th, and 15th Amendments
Congress may not abrogate state immunity by exercising Article I powers (such as the Commerce Clause)
Tip: this is usually the wrong answer on the MBE.
Can Congress divide the Supreme Court?
Congress cannot eliminate the Supreme
Court or divide it.
However, Congress may establish lower federal courts and give those courts jurisdiction to hear the same types of cases that go to the Supreme Court (and it has done so for all cases besides cases between states)
11th amendment? I think
Standing Elements, and mootness and ripeness
An individual needs an
1) injury in fact,
2) causation,
3) redressability in order to file a lawsuit.
The case must be ripe and cannot be moot.
Mootness—must have a live controversy
Ripeness—injury must have occurred or not be speculative
Can a court render advisory opinions?
A court will not render advisory opinions! If I had to guess it’s because there isn’t a controversy or something similar.
Organizational standing
: For an organization to have standing,
it must show: a member has standing, the member’s
injury is related to the purpose of the organization, and
individual members are not required to participate in the
lawsuit
Organizational standing elements
For an organization to have standing,
it must show:
1) a member has standing,
2) the member’s injury is related to the purpose of the organization, and
3) individual members are not required to participate in the
lawsuit
In addressing organizational standing, you must first analyze individual standing to meet the first requirement.
Congressional powers from the Constitution (Just list)
• Necessary and proper power: Tip: this must be combined with another power. • Taxing and spending power: • Commerce power: • War and defense power: • Enforcement power: • admiral and maritime power, *property power, *investigatory power, *postal power, *copyright and patent power, *power to coin money, *power to impeach, *and the power to delegate powers
Commerce Clause (elements)
o Congress has the power to regulate interstate commerce:
1) Channels of interstate commerce
2) Instrumentalities of interstate commerce
3) Activities that have a substantial effect on interstate commerce
This is very broad. Congress can regulate anything economic and anything noneconomic that substantially affects interstate commerce
Substantial Effect on interstate commerce analyssi
Economic activity is presumed to have a substantial effect.
Aggregation—can regulate economic activity that is intrastate if the activity as a whole
has an effect on interstate commerce
Noneconomic activity cannot be aggregated; the activity itself must have a
substantial impact on interstate commerce
Congressional Tax and Spending power, when is it permitted, and how can Congress use it’s spending power
Congress may tax and spend for the general welfare. Tip: it cannot “act” for the general welfare.
Congress can condition federal funds to states and require states to implement certain regulations
o Permitted as long as the condition is related to the purpose of the funds
HOWEVER the condition may not exceed the point at which “pressure turns into compulsion.” ( like 5-10% ok?)
What is commandeering?
Under the 10th amendment, Congress cannot “commandeer” state legislatures by commanding them to enact specific legislation or enforce a federal regulatory program, and it may not circumvent that restriction by conscripting a state executive officer directly.
A valid exercise of the Spending Power does not violate the 10th Amendment
How can Congress delegate it’s powers?
Congress may delegate its powers to an agency as long as it provides reasonably intelligible standards
Congress can delegate legislative power to executive
agencies or the judiciary.
However, the power cannot be uniquely delegated to Congress by the Constitution (e.g., the power to declare war)
Where does Congress have Police powers?
Congress does not have police powers except over 1. (MILD) military bases, 2. Indian territories, 3. federal lands, and 4. D.C.
What is a legislative veto?
This occurs when Congress tries to overturn action by the executive branch without bicameralism and presentment.
UNCONSTITUIONAL
What kind of cases can the Supreme Court review?
federal courts of appeals and federal decisions made by state courts.
Federal Decisions made by state courts? When can Supreme Court hear those?
The Supreme Court can hear the latter type of case if:
1. the case involves a matter of federal law,
2. it is a final judgment from the highest state court authorized to hear the case, and
3. there are no adequate and independent
nonfederal (state) grounds on which the state court
decision is based.
Tip: if a state court decision rests on two grounds (a state ground and a federal ground) and the Supreme Court’s reversal of the federal decision would not change the outcome, the Supreme Court cannot hear the case
Political Questions Examples of what courts cannot hear
Federal courts will not hear political questions (those given to another branch of government by the Constitution).
Tip: Examples include: “republican form of government” clause challenges, military or foreign affairs decisions, or
impeachment.
Should federal courts enjoin pending state court proceedings?
federal courts should not enjoin pending state court proceedings unless the case is brought in bad faith or for harassment purposes
Powers the president has ( just list)
1) Veto power
2) Appointment and removal power
3) Pardons
4) War Power
5) Foreign Affairs
6) Treatises and executive agreements
Veto power of President
•The President can veto a law (but this can be overridden by a 2/3 majority vote by Congress).
A line item veto (crossing out certain portions of the bill that the President does not approve of) is not
permitted.
Presidential Appointment and Removal Power Process: Who can appoint, and how
The President has the power to appoint federal judges, ambassadors, and other principal officers of the United States, with the advice and consent of the Senate.
The President may also remove executive officials without cause, at will unless Congress limits removal for “good cause.”
Presidential Powers of Pardons, War Power and Foreign Affairs
• Pardons: the President may grant pardons for federal crimes.
• War power: The President can respond to attacks or emergency situations. The President cannot declare
war.
• Foreign affairs: the President has broad foreign affair powers, like have power to recognize country, etc.
Foreign Affairs
President has the power to conduct foreign negotiations, to deploy troops overseas, and to
make executive agreements
Presidential power: treatises and executive agreements
The President may enter into treaties with 2/3 Senate approval.
The President may enter into executive agreements with the heads of foreign countries.
How does presidential Immunity Work
the President is absolutely immune from civil suits for damages for any official acts as President (but not purely personal or pre-presidential acts).
Supreme Court’s Original, and original and exclusive jurisdiction
Original and exclusive jurisdiction for cases between states. Tip: remember that only the Supreme Court can hear cases between states
Original jurisdiction over any case that involves (APS) ambassadors, public ministers and consuls, or where the state is a party.
Supremacy Clause and Preemption
States may not pass laws
(1) that conflict with federal law,
(2) that interfere with a federal objective, or
(3) in areas where Congress has intended to “occupy the field.”
If state law conflicts with federal law, the federal law governs
a. Express Preemption
The federal law explicitly states that it is the only law allowed in that area.
Any state law addressing that issue is invalid.
b. Implied Preemption
1) Congress passes a federal law intending to “occupy the field”
2) The state law conflicts directly with federal law
1) The state law conflicts indirectly with federal law
Federal immunity from state law
A state cannot regulate or tax the federal government.
However, a state may tax federal employees the same that they tax everyone else.
Tip: This is a bar exam favorite. E.g., the federal government does not have to abide by state environmental regulation because of federal immunity.
Article IV Privileges and Immunities Clause
States may not discriminate against out-of-state citizens with respect to fundamental rights unless there is a substantial justification and no less restrictive means.
o This protection only applies to individual citizens; corporations cannot claim this clause
Tip: This is usually the issue when a state gives a hiring preference to its own citizens and discriminates against out-of-state citizens. Employment is only a fundamental right for purposes of Article IV.
The Fourteenth Amendment Privileges or Immunities Clause
States are not allowed to pass laws that would restrict access to vital governmental services (e.g., welfare benefits) to newcomers because such laws would interfere with a citizen’s fundamental right to travel from state to state.
Tip: this is usually the wrong answer on the MBE.
Dormant Commerce Clause
Under the Dormant Commerce Clause, a state may not discriminate against out of state commerce or in a way that unduly burdens interstate commerce
Remember that these rules apply to the states. Congress can pass laws that discriminate against commerce
Discrimination under DCC, and exception
Can be discriminatory on its face or by its impact
If a statute discriminates against out-of-state commerce, the state must show:
a) It has an important state interest; and
b) There is no other non-discriminatory means available to achieve that interest
Market Participant Exception—can favor local business if state is acting as a buyer or seller
Unduly Burden Interstate Commerce analysis under DCC
If a statute is not discriminatory, the law may still be invalid if causes an “undue burden” on interstate commerce.
A court will apply Pike balance test:
• The purpose of the statute;
• The burden on interstate commerce; and
• Whether there are less restrictive alternatives
Full Faith and Credit Clause:
states must enforce judgments of other states if the court that rendered the judgment had jurisdiction and the judgment was a final judgment on the merits
Can private entities be charged with constitutional issues like 1st amendment?
• The constitution protects against wrongful conduct by the government, not private parties.
HOWEVER
A private entity may be subject to the constitution if it is acting as if it is a state
5th Amendment—Takings Clause, just generally what is it
Government may not take private property for public use without just compensation
Definition of the “elements” of a 5th amendment taking (govt action, private property, public use, just compensation)
- Government Action
o Protects from government “taking” of private property
o Includes taking land and also regulatory takings by rezoning, prohibiting development, etc. - Private Property
o Usually involves land or other real property
o Can be other property such as contract and patent rights or trade secrets - Public Use
o Must be rationally related to a conceivable public purpose
o Includes health, safety, economic development, etc. - Just compensation
o Property owner is entitled to the fair market value of the property at the time of the taking
o Only a portion has been taken—owner entitled to compensation for land actually taken and any loss in value of the land still owned
Exam Tip 4: In past exams, the plaintiff has asked for the fair market value of the land as if it had been developed. The plaintiff’s recovery is limited to the value of the land at the time of taking.
Physical taking under 5th amendment
Government physically takes or occupies the land
Regulatory Taking under the 5th amendment, total and partial taking, and factors analyzed under that.
A law has the effect of decreasing the value of the property
1) Total Taking—the regulation leaves no economically viable use of the property
2) Partial Taking—the regulation affects some economic use of the land, but there is still some economic use available
a) Economic impact—how much value was lost due to the regulation;
b) Reasonable expectations—the owner’s reasonable expectation of return on investment; and
c) Character of the regulation—does the regulation impact a few owners or the entire community?
Exaction taking under the 5th amendment, when is it NOT a taking
Local government may exact promises from a developer in exchange for construction permits
Example 5: Requiring the developer set aside an easement over the developed land
Does NOT constitute a taking if there is:
a) An essential nexus between legitimate state interests and the conditions imposed; and
b) A rough proportionality between the burden on the owner and the impact on the community
Zoning Ordinances: When can local Govts pass, and are they a taking under the 5th amendment?
o Local governments have the power to pass zoning ordinances, so long as they are reasonably related to a legitimate government purpose (health, safety, morals, and general welfare).
b. Variance
May be granted to allow the owner to continue the nonconforming use of the land
The owner must show an undue burden if the variance is not granted.
c. Takings Clause Claim
Must show that the zoning ordinance amounts to a regulatory taking
How is due process applied through the constitution compared to state and federal
The Due Process Clause is found in the Fifth
Amendment and applies to the states through the
Fourteenth Amendment.
And federal Govt is 5th only needed.
The focus is on the right that is being
burdened.
Procedural Due Process
- Procedural Due Process
o The government shall not deprive a person of life, liberty, or property without due process
of law.
o Process includes notice, a hearing, and a neutral decisionmaker
a. Amount of Process Due—Factors:
1) Interest affected—life, liberty (including fundamental rights), or property;
2) Value of additional safeguards; and
3) Burden or cost of additional process
Tip: property includes public education and public
employment that is not at-will employment.
Substantive Due Process ( just basic definition)
Whether the government’s action (such as a law or regulation) impermissibly infringes on an
individual’s rights
Strict Scrutiny REview
the burden is on the government to show the law is
necessary for a compelling interest.
Rational Basis Review
the burden is on the plaintiff to show the law is not rationally related to a legitimate government interest.
What are fundamental rights under Substantive due process?
Life, Liberty, property and
privacy rights (MCSOFA = marriage,
contraception and procreation, sexual
conduct, obscenity in the home, family
relations, abortion),
the right to vote, the
right to interstate travel, and
the right to refuse medical treatment.
Focus of Equal Protection Clause and hwo it is applied to State and Federal Govt.
The focus is on the class that is being discriminated against
The Equal Protection Clause applies to the states
through the Fourteenth Amendment and the federal
government through the Due Process Clause of the
Fifth Amendment.
Discrimination requirement under the Equal protection Clause, and which review standard applies to each TYPE
Discrimination requirement
o Discriminatory intent—strict or intermediate scrutiny (depending on classification)
o Disparate impact—rational basis review
Determine whether the statute is facially discriminatory or impliedly discriminatory and whether there is a discriminatory intent. If the statute merely has a disparate impact, it is limited to rational basis review.
What falls under SS in EP clause
race, ethnicity, and national origin
What falls Under intermediate Scrutiny under EP
Gender and Non-marital children born outside marriage ( Legitimacy)
Intermediate Scrutiny Review
the burden is on the government to show the regulation is substantially related to an important government interest
What is the effect of the enabling Clause
Under the 14th Amendment, Sec. 5, Congress may pass legislation to enforce equal protection and due process rights (overriding state statutes)
1st amendment- Symbolic Speech, Expressive Conduct, when is ti valid
Law that regulates conduct and places an incidental burden on speech is allowable if
1) the regulation is narrowly tailored to an important governmental interest
2) and it is unrelated to the suppression of the speech.
1st Amendment Over Breadth
Overbreadth: a law is unconstitutional on its face if
it prohibits substantially more expression than is
necessary.
1st amendment Vagueness
: a statute is vague and unconstitutional
on its face if a reasonable person could not tell what
speech is prohibited and what speech is allowed
(e.g., a statute that prohibits words that “tend to
breach the peace” is vague and unconstitutional).
Ie: A statute is void for vagueness if it fails to provide a person of ordinary intelligence with fair
notice of what is prohibited.
Prior Restraints 1st Amendment
When the government prevents speech before it is communicated. Strict scrutiny applies.
o Prior restraints are generally not allowed unless specific procedural safeguards are in place
Tip: the law is usually struck down.
1st Amendment Content Based Regulations
SS applies unless Symbolic Speech “Exception”
law that regulates conduct and places an incidental burden on speech is allowable if the regulation is narrowly tailored to an important governmental interest and it is unrelated to the suppression of the speech.
1st amendment Content Neutral: Public Forums, Test and what those forums are
Time, place, manner (content-neutral or -based)
Public Forums:
Designated or limited public forum (e.g., schools with after-school clubs)
Not historically used for speech-related activities but has been opened for such use
Traditional public forum (e.g., streets, sidewalks,
and parks)
Test: the regulation must (1) be content neutral, (2) be narrowly tailored, and (3) leave open alternative channels of communication.
1st amendment Content Neutral, Private Forums
(military bases, airports, and prisons) ( and GOVT BUILDINGS)
Test: the regulation must (1) be viewpoint neutral, and (2) have a reasonable relation to a legitimate government interest.
What speech is unprotected, 3 categories and the factors therein
1) Obscenity—the average person, applying contemporary community standards finds the speech:
• Appeals to the prurient interest;
• Depicts sexual conduct in a patently offensive way; and
• Lacks serious literary, artistic, political, or scientific value
2) Incitement to Violence—advocates use of force or unlawful action if:
- Directed to inciting or producing imminent lawless action; and
- Is likely to incite or produce such action (i.e., creates a clear and present danger)
3) Fighting Words—by their very nature, likely to incite an immediate breach of the peace
1st amendment and Commercial Speech
Commercial speech:
(1) the speech must be lawful and not misleading or false,
(2) the statute must serve a substantial
governmental interest,
(3) the statute must directly advance that interest, and
(4) the statute must be narrowly tailored (not more excessive than it needs to be).
1st amendment and defamation
There are constitutional limitations on defamation actions when the plaintiff is a public official or public figure, or the speech involves a matter of public concern.
MORE IN THE TORTS
1st amendment and School Speech Limitations
Public school students have free speech rights but speech may be regulated if the regulations are reasonably related to legitimate pedagogical(educational) concerns
1st amendment and Sexual or indecent
speech
Sexual or indecent speech:
(1) it appeals to a prurient interest in sex;
(2) it depicts or describes sexual
conduct in a patently offensive way; and
(3) the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Establishment Clause, Facially Neutral and Facially Preference
Prohibits the government from establishing a religion, preferring a particular religion over another, or preferring religion over non-religion
Facially Religious Preference
If statute shows a preference to one religion over another (or to religion over non-religion),
strict scrutiny applies
b. Facially Neutral Statute
A statute might have the effect of favoring religion
Apply the Lemon test to determine whether the statute is constitutional:
a) The law must have a secular purpose;
b) The primary effect neither advances nor prohibits religion; and
c) The law does not result in excessive government entanglement with religion
Free Exercise Clause, Belief and Conduct
o Includes the freedom to believe and the freedom to act
Note 4: Religion is protected, but philosophies and political beliefs are not.
o Must have a genuine belief in that religion
a. Belief
A person’s beliefs are absolutely protected.
b. Conduct
Laws that intentionally target religions conduct are subject to strict scrutiny.
Laws that are generally applicable, but happen to impact religion are subject to the rational basis test
Ex post facto laws
neither states nor the federal government may pass legislation that retroactively alters a criminal law in a
substantially prejudicial manner for the purpose
of punishing a person for some past activity.
The Contracts Clause
A state may not pass legislation that substantially impairs preexisting contracts unless the law serves an important
and legitimate public interest and it is reasonable and narrowly tailored to promoting that interest. Tip: this is usually the wrong answer on the MBE.
Bill of attainder:
neither the state nor the federal government may pass legislation that specifically identifies people to be punished
(civilly or criminally) and imposes punishment without a judicial trial.
Unconstitutional conditions
the government cannot condition a person’s receipt of a
governmental benefit on the waiver of a constitutionally protected right.
When is State Action required
State action requirement: If a plaintiff sues under the First, Fourteenth, or Fifteenth Amendments (e.g., for free speech, due process, equal protection issues, or voting rights), the plaintiff must show state action. State action is present if the state passes a law, if a private actor performs a “traditional and exclusive” government function (e.g., a company town), or if private action is closely controlled by the state.
Can Congres Limit the jurisdiction of federal court
Article III grants Congress the power to limit the jurisdiction of federal courts (Choice C). But when exercising this power, Congress cannot violate:
the separation-of-powers doctrine (e.g., usurping judicial power to decide cases) or
other constitutional provisions (e.g., the Article I suspension clause).
Con law suspension clause,
Under the Article I suspension clause, a person in federal custody can challenge his/her detention by filing a petition for a writ of habeas corpus in a federal court unless Congress has explicitly suspended the writ. This clause applies to noncitizens classified and detained as enemy combatants in territories over which the United States has sovereign control (e.g., the noncitizen here).
Can congress affect US Supreme Court jurisdiction?
The U.S. Supreme Court (SCOTUS) has appellate jurisdiction to review a final judgment of lower federal courts and the highest state courts when the judgment turns on federal law. But the Article III exceptions clause gives Congress power to expand, regulate, or make exceptions to such jurisdiction.
States Taxing Federal Govt, when it OK, when not
The supremacy clause immunizes the federal government, including its agencies and instrumentalities, from state and municipal taxation unless Congress consents (Choice D). But states can tax the federal government’s affiliates, including persons or entities employed by or doing business with the federal government (e.g., contractors—as seen here) (Choice C). This is true even if the cost of the tax is ultimately passed on to the federal government. As a result, an affiliate must pay these taxes unless:
Congress has granted the affiliate immunity
the tax discriminates against the federal government or the affiliate or
the tax substantially interferes with the affiliate’s federal purpose or duties—e.g., when a high tax burden makes it impossible for the affiliate to accomplish its federal functions.
When is a taking under the 5th amendment not required to compensate?
However, just compensation is not required when the government destroys private property in response to a public peril (e.g., preventing the spread of parasites).
Can federal Govt tax states directly?
Under the Tenth Amendment, the federal government cannot impose federal taxes directly on states that unduly interfere with their essential functions. But the Tenth Amendment does not prohibit the federal government from imposing federal taxes on states indirectly through their affiliates—i.e., persons doing business with state governments—so long as the taxes are nondiscriminatory (Choice B). This is true even if the cost of the tax is ultimately passed on to the states.
What is the “one person one vote” Principal, and when does it violate the EP Clause
The Fourteenth Amendment equal protection clause ensures that each citizen is given equal voting power (i.e., one person, one vote) by requiring state legislative districts (e.g., state senate districts) to have largely equal populations (Choice A). This “one person, one vote” principle means that the populations in each voting district must be approximately equal. A deviation of 10% or less between the populations of legislative districts is considered minor and does not violate the equal protection clause absent evidence of discrimination.
Taxing and spending Clause and when can congress impose an indirect tax?
The Article I, Section 8 taxing and spending clause gives Congress plenary (i.e., exclusive) power to raise federal revenue by imposing and collecting taxes. This allows Congress to impose an indirect tax (e.g., sales tax) so long as the tax is:
imposed identically in every state where the taxed goods are found (i.e., geographically uniform) and
reasonably related to revenue production (i.e., no provision extraneous to tax purposes).
When is a student required to have a procedural due process?
The student’s claim raises the right to procedural due process, which requires public colleges and universities to follow certain procedures before they intentionally deprive students of their education by dismissing them. To determine the process due, the court must determine whether the dismissal was for disciplinary or academic reasons. When a student is dismissed for disciplinary reasons (e.g., misconduct), due process typically requires that the student receive:
adequate notice of the charges or proceedings against him/her and
a meaningful opportunity to be heard (e.g., a hearing) before the college’s or university’s decision-making body.
However, when a student is dismissed for academic reasons (e.g., failure to attain passing grades), a public college or university may do so without providing him/her a meaningful opportunity to be heard. That is because, unlike disciplinary actions, decisions based on a student’s academic performance are not adversarial in nature and therefore do not require the tools of judicial decision-making (e.g., presentation of evidence)
Can the president withold funds?
Once an appropriations bill becomes law, Congress can require that the appropriated funds be spent as explicitly directed in the law—and the President must “take care” to faithfully follow Congress’s directive.
When must SCOTUS refuse to hear an appeal or exercise jurisdiction?
The U.S. Supreme Court (SCOTUS) has appellate jurisdiction over most final state-court decisions that present a federal question. But SCOTUS cannot exercise jurisdiction over, and must refuse to hear the appeal of, such decisions if they are based on adequate and independent state grounds. This occurs when:
state law completely resolves the matter, such that the application of federal law would not affect the outcome of the case (adequate) and
the state court did not rely on federal law to decide the state-law issue (independent).
Does an assignee have standing in the Court?
When the plaintiff is an assignee, he/she steps into the shoes of the assignor and assumes all of the assignor’s contractual rights. As a result, an assignee has standing to sue to enforce the rights of the assignor provided that the assignment was made for ordinary business purposes (e.g., debt collection) and in good faith.
property clause of Article IV
The property clause of Article IV gives Congress the power to dispose of and regulate federally owned lands. But this clause does not give Congress the power to acquire those lands.
Intermediate scrutiny
intermediate scrutiny requires the government demonstrate that the law is substantially related to an important government interest.* The law and the government interest that it serves are substantially related when the law is neither underinclusive nor overinclusive.
Intermediate Scrutiny
Intermediate scrutiny requires the government demonstrate that the law is substantially related to an important government interest.* The law and the government interest that it serves are substantially related when the law is neither underinclusive nor overinclusive.
*The U.S. Supreme Court has required the government to show an “exceedingly persuasive justification” in some gender discrimination cases, which may bring the standard closer to strict scrutiny.
Regulatory Taking Factors
A substantial restriction is evaluated by the court under the totality of the circumstances. Such circumstances include:
the character or nature of the government action—i.e., the degree to which the regulation benefits the public versus the degree to which it violates the owner’s property rights (like selling property to third parties) (Choices A & B)
the economic impact on the property—e.g., the change in the property’s fair market value caused by the regulation—and
the interference with the owner’s reasonable investment-backed expectations regarding the use of the property (Choice C).
When can Congress impose a direct federal tax?
The taxing and spending clause gives Congress plenary (i.e., exclusive) power to raise federal revenue by imposing taxes. But Congress can impose a direct federal tax (e.g., a tax on real property) only if it is:
apportioned proportionately among the states based on each state’s population and
reasonably related to revenue production (i.e., no provision extraneous to tax purposes).
Sovereign immunity
Sovereign immunity
(federal immunity from suit in state or federal court)
Suit brought by state, private party, or foreign government against federal agency or official for actions taken in official capacity (unless Congress consents)
Exception:
Suit against federal official for actions taken outside official capacity (congressional consent not required)
The doctrine of sovereign immunity prohibits states (or private parties or foreign governments) from suing the federal government in state or federal court unless Congress consents—i.e., the suit is authorized by federal statute. This immunity extends to suits against federal officers (e.g., federal marshals) for actions taken in their official capacities. That is because a suit against a federal officer acting in his/her official capacity is treated as a suit against the federal government itself.
Do govt employees have the same 1st amendment protections as regular citizens?
When a public employee is speaking as a private citizen on a matter of public concern, the government can limit that speech only if its interest in efficient government function outweighs the employee’s right to free speech.
