Can I go to the legislature or another public body or public officer to tell them my view on matters?
Yes, you can. You must get leave from your supervisor, however, if you want to do that during
duty time. While this leave should not be unreasonably withheld, it is up to your supervisor
whether you get the leave or not.
Can I get into trouble for expressing myself publicly?
Maybe. The United States Supreme Court has held that although government employees have a
right to free speech like any other citizen, when the government is the employer it (the government) has an interest in regulating the speech of its employees that differ significantly
from the interest it has in regulating the speech of the citizenry in general. The standard that the
Supreme Court has set to determine if the government can regulate the speech is "If an
employee’s speech does not relate to a matter of public concern then the government’s interest
in efficiency, work place harmony and satisfactory performance will usually trump the employee’s
interest in free speech." Therefore, when speaking publicly, make sure you are addressing
matters that are of public concern and not personal to your particular work environment.
The same is true of other issues such as your pay, or a civil service rule, or an appropriation by
the legislature. If you have concerns about any issue, you may express yourself to the entity that
can do something about it, whether in public or by private communication.
Can I write a letter to the editor of a newspaper to express my views on an issue?
Yes, you can. However, as stated above, make sure your letter concerns a matter of public interest
and not your personal work environment.
Can I go to public rallies on issues and carry a sign, cheer and boo?
Yes, you can. But the same standard applies to expressions at rallies as it does before a public body.
Can I contact my legislator, personally, by letter or email?
Yes, you can. As a private citizen, you have the right to contact your legislator concerning any issue
that is of personal concern to you or concerning any issue before the legislature. Do not use your
state issued work equipment to communicate matters of public concern to a member of a public
body. Please use your private equipment.
Can I be a member of an organization that lobbies before the legislature?
Yes, you can. You as a state employee cannot lobby before the legislature in your official capacity
as a state employee, but that does not prevent you from being a member of an organization that
lobbies the legislature on matters of public concern, such as the American Federation of State,
County or Municipal Employees (AFSCME), RSEA, and the State Employees Association of
Louisiana.
If RSEA were holding a rally on the steps of the State Capitol, could active state employees who are RSEA members participate?
Yes, you can. However, if the rally is scheduled during normal duty hours, you must be on
approved annual leave. Additionally, the standard stated above concerning expressions will apply
at rallies.
Would attending a rally be considered lobbying?
No, it would not. A rally is a gathering of people to inspire enthusiasm for a cause.
Can I place a sign in my yard supporting or opposing proposed legislation?
Yes, you can. Proposed legislation that you may support or oppose is an issue and not the support
or opposition of a party, candidate, or faction seeking an elected office.
Can I sign a recall petition?
Yes, you can. However, due to the prohibition of supporting or opposing a candidate, party or
faction, you cannot start a recall petition, solicit signatures for a recall petition or actively
participate in a recall of an elected official.
Can I use my work computer to express my personal opinion on an issue of public concern?
No, you cannot. Your work computer is for work purposes. If you wish to communicate a matter
of public concern to a member of a public body via electronic mail, please use your private
computer.