ABSTRACT

Police employees are afforded several constitutional protections under the First Amendment to the US Constitution. These include freedom of speech, expression, and association. This chapter examines the scope of First Amendment rights available to police employees and the circumstances in which police employers can legally regulate those workplace activities. Freedom of religion is a fundamental constitutional protection that falls squarely in the First Amendment. Employee reporting of public official unlawful conduct has become known as whistle-blowing in statute and case law. There is considerable disagreement among the courts regarding political patronage by police employees. Police employees can bring legal challenges in two areas involving their religious faith and practice. The first covers the use of federal antidiscrimination statutes, such as Title VII of the Civil Rights Act of 1964, that prohibit the discrimination against a worker based upon, among other things, their religious belief. Second, employees can raise First Amendment freedom of religion legal claims against employers.