In an age of smartphones and the countless outlets for immediate public expressions of support or disapproval on an infinite number of political issues, public sector leaders should be aware of the legal liability associated with violating First Amendment rights while simultaneously protecting the agency’s ability to retain the trust of citizens regardless of their personal political beliefs.

There is nothing new about the idea that personnel decisions made by sheriffs, mayors and appointed agency leaders were motivated by politics.  What is new is the ease and frequency with which public sector employees can express their policy views and, with that, comes a new opportunity for plaintiffs and their attorneys to point to time-stamped social media statements as the precursor that caused a negative employment action.

• At-Will Employment is not always a full-proof defense
• Campaign Winners Beware—a political victory is not a blank check to fire and demote those who voted for “the other guy”
• When are statements otherwise protected by the First Amendment outweighed by agency interest in effectively carrying out its organizational mission?