REGULATING THE OFF-DUTY CONDUCT OF PUBLIC EMPLOYEES: CONSTITUTIONAL ISSUES

MARVIN J. LEVINE

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DOI: 10.2190/VU4U-CDE7-0L7X-MUB3

Abstract

The first ten amendments to the U.S. Constitution accord American citizens a variety of basic freedoms from unwarranted government intrusion in their daily lives. However, an analysis of Supreme Court and lower court decisions indicates that public employees are held to a higher standard of accountability for their conduct in nonjob-related activities than are private sector workers. The off-duty behavior of public employees is subjected to much closer scrutiny by courts and administrative agencies, with serious constitutional questions arising in the areas of free speech, free association, political activities, residency requirements, invasion of privacy, and lifestyles.

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