Question

Outline the Constitutional rights of public employees. What restrictions can be placed upon public employees? Refer to Supreme Court cases where appropriate.

            Pickering v Board of Education (1968)

            Norton v Macy (1969)

            Kelly v Johnson (1976)

Answer 1

CONSTITUTIONAL RIGHTS OF PUBLIC EMPLOYEES

The rights of the Public employees are protected in United States of America, under their constitution. The rights are preserved under the constitutional amendment 1 and also through the constitutional amendment 14. The First Constitutional Amendment obviate the government from making laws related to the establishment of one religion and the laws which forbid the free practice of religion. And this particular amendment also protects the right to freedom of speech and also the freedom to peacefully organize or assemble. And the fourteenth amendment clearly gives the civil rights to all citizens in all it's extend to all the people of the nation.

As mentioned above the First amendment is mainly applicable to the government and the public employees are also covered under this amendment. The freedom of speech gives an opportunity for the public employees to comment over the public sector undergoing issues and concerns. And for expressing this no government Employee can be retaliated and to take negative action on them. For example the case of Pickering V Board of education, the Pickering was involved as a Township High school teacher, who had been dismissed for that she wort a letter to the local newspaper, criticized the Township Board of Education. But the Board hasn't agreed her right under the First amendment, and finally the Supreme Court has dismissed the decision of the Board. And the court viewed from a part that this letter gave an option for the open debate over the decision and it allow the public to present their view also for this certain issue.

And many employees were also discriminated because they represent the minority. For a specimen, the case of Norton v Macy, in this case the case has filed against the dismissal of an employee from NASA for that he was a homosexual. But the Court has given a better direction to the Board, and also mentioned that the life and habits after the work doesn't reflect his work. This case is a land mark case over the protection of employees right.

But the laws made for the uniformity of the employment sector doesn't involve the discrimination of their rights and this laws will be preserved. For an illustration, the Kelly v Johnson case, in this case the petitioner questioned about the uniformity in the length of hair, but the court rejected this argument and ruled that this can't be considered as unconstitutional because it is initiated for the safety and the equalization. And many civil service laws are also there to protect the rights of employees.