Legal Question in Employment Law in Texas

Freedom of speech is a right contained in the First Amendment of United States Constitution. The Constitution preserves that right against action of the Federal Government. The right of free speech is imposed on State and local governments through the Fourteenth Amendment of United States Constitution. Governmental employers are subject to the right to free speech on matters of important public concern. However, far from all public employee speech is covered by the United States Constitution. For example, since the Supreme Court decision in Garcetti v. Ceballos, 547 U.S. 410 (2006), a public employee's speech is not protected if it is the governmental employee's job to so speak ( which exception is probably not applicable to educators in many contexts).

Private sector employee have no general right to free speech. However, for example provisions in union contracts, whistle blower statutes, and certain civil rights statues may entitle private sector employees to certain specific speech in particular circumstances.

Whether you are a public sector or private sector employee, it is best to get good legal advise before speaking out.

Freedom of speech is a right contained in the First Amendment of United States Constitution. The Constitution preserves that right against action of the Federal Government. The right of free speech is imposed on State and local governments through the Fourteenth Amendment of United States Constitution. Governmental employers are subject to the right to free speech on matters of important public concern. However, far from all public employee speech is covered by the United States Constitution. For example, since the Supreme Court decision in Garcetti v. Ceballos, 547 U.S. 410 (2006), a public employee's speech is not protected if it is the governmental employee's job to so speak ( which exception is probably not applicable to educators in many contexts).

Private sector employees have no general right to free speech. However, for examples, provisions in union contracts, whistle blower statutes, and certain civil rights statues may entitle private sector employees to certain specific speech in particular circumstances.

Whether you are a public sector or private sector employee, it is best to get good legal advise before speaking out.