Can the federal government fire you for a facebook post?

I understand the first amendment protects us from the government so a private employer can fire you over a Facebook post but what about government employees?

Asked on April 6, 2016 under Employment Labor Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There are limitations to the 1st Amendment. You can't be fired by a government employer for a political or religious post, or one expressing values in a general sense not specifically tied to your job; but the Amendment does not protect you if you personally criticize or attack a supervisor, if you post something which impairs the employer's mission or functioning, if you release confidential information, if your post is part of or contributes to illegal discrimination or harassment (e.g. sexual, racial, religious) against a co-worker, etc. You could also be fired for posting to social media during the work day when you should be working, or from employer-provided computers or systems, if there are limitations on employee use of such equipment.

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