The defense of the First Amendment is available to government employees who speak out "pursuant to their official duties."

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Government employees' free speech rights are substantially limited on the job.The U.S.Supreme Court in 2006 ruled that government employees who speak out "pursuant to their official duties" are speaking as employees,not citizens,and therefore are not protected by the First Amendment,from discipline,regardless of the content of their message.The Court pointed to the government's need for efficiency and order in its workplace.In 2014,the United States Supreme Court clarified that public workers act as citizens when they testify under oath; therefore,the First Amendment protects them from retaliation based on their testimony.

The Defense of the First Amendment Is Available to Government