First Amendment civil liability against law enforcement supervisors for violating their subordinates’ rights to engage in overt political expression

Abstract

Explores the issue of Section 1983 civil liability against law enforcement supervisors who infringe on their employees’ First Amendment rights to support political candidates and pursue political activities. The sacred right to engage freely in the political process periodically conflicts with law enforcement supervisors’ interests in ensuring political loyalty and efficient delivery of services from their subordinates. After reviewing relevant United States Supreme Court cases, develops a legal/conceptual framework from which the lower court cases on overt political expression are analyzed. Concludes that, to minimize civil liability, law enforcement supervisors must be educated about employees’ First Amendment rights.