The First Amendment Doesn’t Protect The Federal Workers Tweeting … – Huffington Post
The Constitution can be heartbreaking sometimes.
The free speech protections enshrined in the First Amendment do not apply to the rogue National Park Service employees who have been tweeting out facts about climate change, courageously defying the Trump administrations stance on the environment.
Many people have rallied around these government workers, whose social media postings on climate science and research could very well land them in trouble, according to First Amendment experts.
Federal agencies, not individual employees, control messaging on their official accounts,explained Eugene Volokh, a law professor at UCLA who specializes on free-speech issues.
The First Amendment doesnt protect [these employees] right to speak on the employers Twitter feed in a way that the employer disapproves of, he said, pointing to an important Supreme Court case dealing with the speech of government workers.
Esha Bhandari, a staff attorney with the American Civil Liberties Unions Speech, Privacy, and Technology Project,more or less concurred with that assessment.
The new administration is entitled to use the official channels of government whether they be press briefings or websites or social media accounts to put out its own messages, and it can decide what federal employees are allowed to communicate when they are on the job, Bhandari wrote in a blog post.
This means that these brave employees couldnt raise the First Amendment defense if they get in trouble at their jobs for these tweets, although there may be other civil service protections available to them.
In addition, nothing prevents these workers from using their personal Twitter accounts to speak out about issues of public concern but even there, Bhandari cautions that First Amendment protections are strongest when they are speaking about issues that do not relate to their job duties.
There are also whistleblower protections for federal workers who would like to sound the alarm about unethical or otherwise illegal activity occurring at their agencies.
The federal government must foster an environment where employee disclosures are welcomed, Carolyn Lerner, the head of theU.S. Office of Special Counsel, said Wednesday in a statement.This makes our government work better and protects taxpayer dollars through disclosures of waste, fraud, and abuse.
But on the broader realm of freedom of speech, things are more complicated. Ken White, a longtime criminal defense attorney and First Amendment lawyer, wrote acheat sheet on these issues for people who would like to learn more, which may come handy in the Donald Trump era.
Those limitations aside,public outcry may ultimately play a role.
Heidi Kitrosser, a law professor at the University of Minnesota, told Reuters that the Bush administration caused an outcry in 2006 after The New York Timesreported that a public affairs appointee at NASA was essentially placing a gag order on a climate scientist who wanted to speak freely to the press. Things changed at the agency after a congressional investigation.
Bad press and public pressure help,Kitrosser said. The main thing right now is screaming.
See the original post:
The First Amendment Doesn't Protect The Federal Workers Tweeting ... - Huffington Post
- First Amendment Stories of 2025: A Year in Review - Freedom Forum - December 22nd, 2025 [December 22nd, 2025]
- Trump tests the First Amendment: A timeline - CNN - December 22nd, 2025 [December 22nd, 2025]
- Professor Sanctioned by University for a Satirical Land Acknowledgment Wins First Amendment Case on Appeal - The New York Sun - December 22nd, 2025 [December 22nd, 2025]
- Trump Sues the BBC: First Amendment Analysis - Freedom Forum - December 22nd, 2025 [December 22nd, 2025]
- Madisons Lost First Amendment: The Mission Statement that Never Was - Jurist.org - December 22nd, 2025 [December 22nd, 2025]
- Let them sue: Iowa lawmakers scoffed at First Amendment in wake of Charlie Kirk shooting, records show - FIRE | Foundation for Individual Rights and... - December 22nd, 2025 [December 22nd, 2025]
- Pastor alleges Tarrant County judge violated First Amendment by removing him from meeting - Fort Worth Report - December 22nd, 2025 [December 22nd, 2025]
- Yes, the First Amendment Applies to Non-Citizens Present in the United States - Reason Magazine - December 22nd, 2025 [December 22nd, 2025]
- Gingrich: Going After People Who Have Been Radicalized Requires Rethinking Parts Of The First Amendment - Real Clear Politics - December 16th, 2025 [December 16th, 2025]
- [VIDEO] Jane Fonda Revives the Committee for the First Amendment - ACLU of Southern California - December 16th, 2025 [December 16th, 2025]
- Does The First Amendment Protect Supposedly Addictive Algorithms? - Hoover Institution - December 16th, 2025 [December 16th, 2025]
- Stop the gatekeeping. The First Amendment is for all of us - Freedom of the Press Foundation - December 16th, 2025 [December 16th, 2025]
- Why 'online speech is messy' when it comes to the First Amendment - WUSF - December 16th, 2025 [December 16th, 2025]
- Puerto Rico Governor Signs Bill That Critics Say Will Restrict Access to Public Information - First Amendment Watch - December 16th, 2025 [December 16th, 2025]
- How a Gossip Blogger Became the Poster Child for First Amendment Rights | On the Media - WNYC Studios | Podcasts - December 12th, 2025 [December 12th, 2025]
- JD Vance floats First Amendment 'exception' to ban '6-7' - Fox News - December 12th, 2025 [December 12th, 2025]
- Free speech advocates rally to support FIREs defense of First Amendment protections for drag shows - FIRE | Foundation for Individual Rights and... - December 12th, 2025 [December 12th, 2025]
- Law's Andrew Geronimo discusses political websites and the first amendment - Case Western Reserve University - December 12th, 2025 [December 12th, 2025]
- Texas runs afoul of the First Amendment with new limits on faculty course materials - FIRE | Foundation for Individual Rights and Expression - December 12th, 2025 [December 12th, 2025]
- First Amendment expert weighs in on new University of Florida neutrality policy - WCJB - December 12th, 2025 [December 12th, 2025]
- Public libraries in TX, LA, and MS are no longer protected by the First Amendment. - Literary Hub - December 12th, 2025 [December 12th, 2025]
- Congressman Murphy introduces bills to fortify First Amendment rights on college campuses - WCTI - December 12th, 2025 [December 12th, 2025]
- Oregon lawsuit accuses Trump admin of chilling First Amendment rights during ICE protests - KOIN.com - December 12th, 2025 [December 12th, 2025]
- The Man Accused of Killing Charlie Kirk Appears in Court for 1st Time as a Judge Weighs Media Access - First Amendment Watch - December 12th, 2025 [December 12th, 2025]
- ICEBlock App Maker Sues Trump Administration Over Its Pressure on Apple To Remove App - First Amendment Watch - December 12th, 2025 [December 12th, 2025]
- Federal judge to hear arguments on motion in professor's First Amendment lawsuit against UT - WBIR - December 12th, 2025 [December 12th, 2025]
- Inside the First Amendment fight over how Los Angeles polices words - USA Today - November 30th, 2025 [November 30th, 2025]
- Brands, bands, trademarks and the First Amendment - The Global Legal Post - November 30th, 2025 [November 30th, 2025]
- First Amendment in flux: When free-speech protections came up against the Red Scare - Free Speech Center - November 30th, 2025 [November 30th, 2025]
- The Pentagon and the FBI are investigating 6 legislators for exercising their First Amendment rights - Reason Magazine - November 30th, 2025 [November 30th, 2025]
- Corporations Say Its Their First Amendment Right To Hide - The Lever - November 30th, 2025 [November 30th, 2025]
- Campus Crackdown on the First Amendment - Folio Weekly - November 30th, 2025 [November 30th, 2025]
- Lange: Annoying emails are not exempt from the First Amendment - WyomingNews.com - November 30th, 2025 [November 30th, 2025]
- From burgers to the First Amendment: Cozy Inn wins mural lawsuit - KAKE - November 20th, 2025 [November 20th, 2025]
- Salina violated First Amendment rights of Cozy Inn on mural issue - The Hutchinson News - November 20th, 2025 [November 20th, 2025]
- After Bobby George Threatened to Sue Online Critics, CWRU's First Amendment Clinic Stepped In - Cleveland Scene - November 20th, 2025 [November 20th, 2025]
- First Amendment in flux: When free speech protections came up against the Red Scare - The Conversation - November 20th, 2025 [November 20th, 2025]
- First Amendment litigator explains the dos and donts of student protest - The Dartmouth - November 20th, 2025 [November 20th, 2025]
- We should protect the First Amendment like we do the Second - Indiana Capital Chronicle - November 20th, 2025 [November 20th, 2025]
- First Amendment lawyer Floyd Abrams and Berkshire Eagle President Fred Rutberg talk free speech, press freedom at the Triplex Cinema - The Berkshire... - November 20th, 2025 [November 20th, 2025]
- E&C Democrats: The Trump Administration is Violating the Whistleblower Protection Act and First Amendment by Retaliating Against Bethesda Declaration... - November 20th, 2025 [November 20th, 2025]
- First Amendment in flux: When free speech protections came up against the Red Scare - itemonline.com - November 20th, 2025 [November 20th, 2025]
- Judge rules Salina violated Cozy Inns First Amendment rights over burger mural - KSN-TV - November 20th, 2025 [November 20th, 2025]
- 7 Former FCC Commissioners Want 'News Distortion Policy' Rescinded for Threatening First Amendment - TheWrap - November 16th, 2025 [November 16th, 2025]
- Crystal River and the First Amendment - chronicleonline.com - November 16th, 2025 [November 16th, 2025]
- AG Sulzberger Honored with The James C. Goodale First Amendment Award - The New York Times Company - November 16th, 2025 [November 16th, 2025]
- Kansas county pays $3M for forgetting the First Amendment - Freedom of the Press Foundation - November 16th, 2025 [November 16th, 2025]
- Teachers and social media: A First Amendment fight - WGCU - November 16th, 2025 [November 16th, 2025]
- What To Know About How Florida Will Teach McCarthyism and the Cold War - First Amendment Watch - November 16th, 2025 [November 16th, 2025]
- Texas A&M University Professors Now Need Approval for Some Race and Gender Topics - First Amendment Watch - November 16th, 2025 [November 16th, 2025]
- Santa Ana cops need a refresher on the First Amendment - Orange County Register - November 16th, 2025 [November 16th, 2025]
- Was Mississippi State student arrested over 'free speech'? See what the First Amendment says - The Clarion-Ledger - November 16th, 2025 [November 16th, 2025]
- Social media restrictions and First Amendment rights for children | 'Law of the Land' on the Sound of Ideas - Ideastream - November 10th, 2025 [November 10th, 2025]
- Test your Constitutional knowledge: When can free exercise of religion be limited under the First Amendment? - AL.com - November 10th, 2025 [November 10th, 2025]
- Editing federal employees emails to blame Democrats for shutdown violated their First Amendment rights, judge says - CNN - November 7th, 2025 [November 7th, 2025]
- I am in love with the First Amendment | Opinion - PennLive.com - November 7th, 2025 [November 7th, 2025]
- EXCLUSIVE: Texas Good Ol Boys Club vs. First Amendment Krottinger Arrested Over Meme - Yahoo - November 7th, 2025 [November 7th, 2025]
- Trump Administration Speeds up New Rules That Would Make It Easier To Charge Some Protesters - First Amendment Watch - November 7th, 2025 [November 7th, 2025]
- America struggles to balance First Amendment free speech with gun rights amid political violence - Milwaukee Independent - November 7th, 2025 [November 7th, 2025]
- Man Who Threw Sandwich at Federal Agent in Washington Is Found Not Guilty of Assault Charge - First Amendment Watch - November 7th, 2025 [November 7th, 2025]
- Judge Will Order Federal Agents in Chicago To Restrict Using Force Against Protesters and Media - First Amendment Watch - November 7th, 2025 [November 7th, 2025]
- EXCLUSIVE: Texas Good Ol Boys Club vs. First Amendment - Krottinger Arrested Over Meme - Dallas Express - November 7th, 2025 [November 7th, 2025]
- Inside the 'harsh terrain' of Columbia University's First Amendment predicament - USA Today - October 28th, 2025 [October 28th, 2025]
- Biden Warns of Dark Days for the Country as He Urges Americans To Stay Optimistic - First Amendment Watch - October 28th, 2025 [October 28th, 2025]
- Victory! Court Rules that Minnesota Horse Teacher is Able to Continue Teaching in Important First Amendment Win - The Institute for Justice - October 28th, 2025 [October 28th, 2025]
- Anti-Abortion Pregnancy Centers Are Looking To Offer Much More Than Ultrasounds and Diapers - First Amendment Watch - October 28th, 2025 [October 28th, 2025]
- May the First Amendment be with you: Protester sues after Imperial March performance sparks arrest - Fast Company - October 26th, 2025 [October 26th, 2025]
- Mitchell and Mayes ask judge to toss out law against prosecutions targeting First Amendment rights - KJZZ - October 26th, 2025 [October 26th, 2025]
- Creator of app that tracked ICE talks about its removal and the First Amendment - NPR - October 24th, 2025 [October 24th, 2025]
- How Trump's Threats Against the NFL Could Violate the First Amendment - American Civil Liberties Union - October 24th, 2025 [October 24th, 2025]
- 'He played The Imperial March as he walked': Man arrested for playing Darth Vader's theme at National Guard troops sues over alleged First Amendment... - October 24th, 2025 [October 24th, 2025]
- Arizona law protects First Amendment rights. Maricopa County wants to overturn it - azcentral.com and The Arizona Republic - October 24th, 2025 [October 24th, 2025]
- John Foster: First Amendment rights and whether you really should say that - dailyjournal.net - October 24th, 2025 [October 24th, 2025]
- Creator of app that tracked ICE talks about its removal and the First Amendment - Boise State Public Radio - October 24th, 2025 [October 24th, 2025]
- Author Michael Wolff Sues Melania Trump, Saying She Threatened $1B Suit Over Epstein-Related Claims - First Amendment Watch - October 24th, 2025 [October 24th, 2025]
- Creator of app that tracked ICE talks about its removal and the First Amendment - WVIA Public Media - October 24th, 2025 [October 24th, 2025]
- Jimmy Kimmel Clash Was "Never About The First Amendment", Sinclair Exec Insists; FCC "Overreach" & Nexstar-Tegna Mega-Deal... - October 23rd, 2025 [October 23rd, 2025]
- Sinclair COO Rob Weisbord insisted that the local TV giant's recent clash with late-night host Jimmy Kimmel was "never about the First... - October 23rd, 2025 [October 23rd, 2025]
- Historys Lessons for the Second Committee for the First Amendment - The Nation - October 21st, 2025 [October 21st, 2025]
- Why did the city turn off social media comments? Does that violate the First Amendment? - WQOW - October 21st, 2025 [October 21st, 2025]