The Public Employee's Stake in State Constitutional Rights

Abstract

The idea that public employees are able to assert any constitutional rights against their government employers is a relatively recent development in American law. Federal constitutional law no longer permits the wholesale invasion of public employee rights to free speech, though it still reflects a tendency to treat public employees as second-class citizens. State constitutional law is just beginning to make contributions to the public employee's rights of privacy, equality, and free speech. State constitutional guarantees that protect these three interests tend to be more explicit and, therefore, potentially more protective of employee liberties than federal law. Enforcement of these state guarantees, however, is seriously hampered by lack of legislative enthusiasm. State legislators should fulfill their solemn oath to protect and defend the state constitution by enacting laws that provide compensation for victims of unconstitutional acts.