FFECC non-duty speech guidelines


At recent events members have asked what they could say publicly. We consulted NYSUT legal and here are their guidelines.


Generally non-duty speech refers to speech/actions that are not made pursuant to an individual’s official job duties. There is a 2-prong test to see if the speech of a public employee warrants protection (we call it the Pickering Connick test):

  1. Did the employee speak/act on a matter of public concern (something broader than the individual’s personal interest - - with larger societal significance or importance)

  2. If it was a private matter and not a public concern, the speech is not protected

  3. If it was a public concern, we move to prong 2

  4. Does the individual’s right to free speech outweigh the employer’s interest in a disruption-free workplace - - this is a case by case analysis.


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