Both the U.S. Supreme Court and the Connecticut Supreme Court have determined that speech made by public and private employees that occurs within the scope of their official job duties is not constitutionally protected under the U.S. Constitution. However, until recently, no Connecticut state court had decided whether the Connecticut Constitution provided greater speech rights to employees such that the same speech could be protected. In Cabrera v. The American School for the Deaf, Docket N. HHD-CV-12-6035273-S (Conn. Super. Feb. 26, 2013), Judge Carl Schuman found that the Connecticut Constitution did not afford employees any greater rights than the First Amendment in this context. This article will explain Judge Schuman’s decision and its implications for both employees and employers.
Speaking As An Employee
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