The First Amendment prohibits public employers from taking adverse employment action against public employee, such as demoting or discharging the employee, in retaliation for the employee’s protected speech. A public employee has a First Amendment right to freedom of speech. However, the right applies to speaking as a citizen on a matter of public concern but not to speech that is personal in nature or within the scope of the employee’s duties for the public employer. Join Ray Poole from Constangy, Brooks, Smith & Prophete, LLP as he provides a proper analysis on whether the public employee has engaged in protected speech under the First Amendment.