Public Concern Speech
To be protected by the First Amendment, the speech of a
government employee must be speech on a matter of public
concern, rather than relating solely to a private grievance the
employee has with her employer. In evaluating whether speech
involves a matter of public concern, courts look at the content,
form, and context of the speech. If the speech only relates to
matters of private concern, the public school is free to take
action against the teacher (or other school employee) without
concern about the First Amendment. The public concern analysis
is based on Connick v. Myers, 461 U.S. 138 (1983).
In distinguishing between public concern and private concern
speech, the most difficult cases occur when the subject of the
speech is relevant to the teacher's personal interests, but also
may be of public concern because it reflects some more general
issue about the operation of the public schools. If the issue
raised by the teacher is also of more general concern, such as
the spending priorities of the school, the curriculum choices
made by the school, or the treatment of students and/or
teachers, the speech can be considered public concern speech
even though it also affects the teacher's working conditions. In
reaching a conclusion about how to classify the speech, courts
will look at the content, form, and context of the speech.