Updated
Updated · Bloomberg Law · Jun 3
Seventh Circuit Backs Coast Guard in 1st Amendment Fight Over LinkedIn Posts
Updated
Updated · Bloomberg Law · Jun 3

Seventh Circuit Backs Coast Guard in 1st Amendment Fight Over LinkedIn Posts

2 articles · Updated · Bloomberg Law · Jun 3

Summary

  • A Seventh Circuit panel upheld summary judgment for the Coast Guard, rejecting a First Amendment retaliation claim by a former vice flotilla commander removed from the Coast Guard Auxiliary.
  • LinkedIn posts made while he was in uniform drove the dispute, with the court finding the statements inappropriate enough to implicate the service's discipline and public image.
  • Applying the Connick-Pickering balancing test, the court ruled the Coast Guard's interest in maintaining discipline and public confidence outweighed the officer's free-speech interest.
  • The decision leaves intact the commander's removal and reinforces broad deference to military-related agencies when member speech is seen as undermining order or trust.

Insights

When a public employee posts online in uniform, are their free speech rights automatically forfeited?
Is a 1968 legal test still the right tool for judging employee speech on social media?