Takeaway: A city police officer who criticized the county sheriff on Facebook could be terminated even though her comments were on a matter of public concern because the police department's need to maintain a good working relationship with the sheriff's department outweighed any First Amendment free speech rights the employee might have had.
A city police officer who was fired for criticizing the county sheriff on Facebook could not proceed with her claim of First Amendment retaliation, a federal appeals court ruled. Although the officer was speaking as a private citizen and her speech was on a matter of public concern, the police department's interest in maintaining a good working relationship with the sheriff's office outweighed any First Amendment protection the officer's speech might have had, the court said.
The officer periodically used her Facebook account to criticize the county sheriff. Her supervisors became concerned that her posts would undermine the department's relationship with their sister law enforcement agency and asked her to stop. They also reprimanded her for other behavioral issues.
In one post, she claimed the sheriff had excluded her from a training event because she was a woman, and she opposed his re-election. The city then fired her, and she sued the city, claiming retaliation in violation of the First Amendment. The trial court dismissed her lawsuit before trial and she appealed.
Proving First Amendment Retaliation Claims
The appeals court...
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