First Amendment Issues for Government Employers with Private Social Media

Originally Recorded: February 18, 2026

Description: 
News of online campaigns pressuring employers to fire employees who made controversial posts to their private social media accounts flooded our feeds last year. While private employers have nearly boundless leeway to fire employees for speech that they disagree with, government employers’ options are limited because of the First Amendment. This CLE will give government lawyers necessary information to aid their determination if a government employee’s speech on their private social media account is likely First Amendment protected speech. That determination will aid the government lawyer in advising the employer of the potential consequences of a First Amendment retaliation claim by that employee should they be fired or disciplined for the protected speech..

Speaker:

• Brett Bacon, Assistant County Attorney, Office of the Ramsey County Attorney

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Materials

• PowerPoint Slides
• Handout

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