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Prisoners do not have the same level of First Amendment rights as other citizens.

The government employeeвЂ™s speech was a substantial factor in whatever penalty they received (termination, suspension, etc.).

The government employeeвЂ™s interest in commenting on this matter of public concern outweighs the employerвЂ™s interest in regulating the speech and.

The speech was on a matter of public concern.

If the government employeeвЂ™s speech did not arise out of their official duties, the First Amendment might protect their speech if:.

If a government employeeвЂ™s speech arose out of their official duties, that speech will not be protected by the First Amendment.

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In an attempt to balance these two interests, the Supreme Court has developed a full body of law on government employee speech:

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At the same time, government employees shouldnвЂ™t be deprived of the free speech rights that other citizens enjoy. Sometimes the government needs to be able to discipline or limit the speech of its employees in order to keep its agencies and offices running efficiently. But when the government is your employer, things get more complicated. Private employers have the right to fire or discipline employees for their speech (remember, the First amendment only applies to government censorship).

Other Circuits havenвЂ™t established clear guidelines for when schools can discipline off-campus speech. Similarly, the Fourth Circuit has found that a school can sanction your off-campus speech if there is a вЂњsufficient nexusвЂќ between the speech and the school (for example, when a student created a website ridiculing other students, the Fourth Circuit concluded that she knew that a negative dialogue would take place that would disrupt the school). The Second, Seventh, and Eighth Circuits have found that schools can punish off-campus speech if it was вЂњreasonably foreseeableвЂќ that the speech in question would reach the school community. Whether a school can punish a student for speech made off-campus (such as something posted to Facebook) is a complicated and unsettled legal question. Second, a schoolвЂ™s interest in educating students in a safe environment can sometimes outweigh freedom of speech.ДЄ school has the right to discipline or censor a studentвЂ™s speech at school or at a school-sponsored activity if that speech substantially disrupts the school environment or invades the rights of others. First, minors do not possess the same level of constitutional rights as adults. But two legal principles limit their rights.

Public school students do not lose their constitutional rights when they walk through the schoolhouse doors.

Finally, the courts will ask whether your new work has harmed the commercial value of the copyrighted work.

Usually the more material taken, the less likelihood that the copying will be considered вЂњfair use.вЂќ

They ask how much your new work takes from the copyrighted material.

They consider the вЂњnature of the copyrighted work.вЂќ Generally, works of fiction tend to receive more protection than works of nonfiction.

Many parodies have been accorded a fair-use privilege even though they were created for commercial profit. But there are exceptions to this: parodies are a good example. If the new work was created to make a profit, a court would be less likely to find it вЂњfair useвЂќ than if it was created for non-profit educational purposes.

They look at the purpose of the work you created.

Courts weigh four factors when theyвЂ™re determining whether your copying of someone elseвЂ™s work to create your own work was вЂњfair useвЂќ: However, it does protect the authorвЂ™s particular way of expressing ideas and facts.ДЄdditionally, copyright law has an exception for вЂњfair useвЂќ of someone elseвЂ™s expression. Copyright law attempts to resolve this tension by distinguishing between expression and ideas.Д¬opyright law does not protect the ideas, facts, methods of operation or scientific principles contained in an authorвЂ™s expression. Why take the time to create a product if you will receive no reward? However, overly rigid copyright laws would reduce the publicвЂ™s access to information.

If you could freely copy someone elseвЂ™s work without paying for it, there would be no incentive for anyone to create new material. (And then the court, a government actor, can order you to stop your copyright infringement and impose financial penalties on you.)Д¬opyright law limits free expression in order to give people an incentive to create more expressions. If you copy another personвЂ™s writing, speech, art, music, or choreography without permission, that person can sue you for вЂњtrespassingвЂќ on their property. Copyright law creates property rights for the creators of certain works.

Free speech