May a school district, public university or other government employer fire someone simply because they express controversial opinions on social media? Under the First Amendment, the answer is no, notwithstanding the climate of intimidation that Gov. Mike Braun and Attorney General Todd Rokita are working to create.
U.S. Supreme Court cases clearly establish that educators and other public employees do not lose their First Amendment rights just because they accept a government job. The employee’s speech may be censored or punished only if the employer can demonstrate that the speech poses a danger of substantial disruption to the workplace.
What is a “substantial disruption”? It depends on the workplace, the job and the speech. Facts and context matter. The line might be different for a