To determine whether a public employee receives First Amendment protection from speech (and therefore cannot be fired for it), the Supreme Court has stated that all of the following are important except:

The employer must have a justification for treating the employee differently than it would treat a member of the general public.

The speech cannot be about political topics.

The speech must be about something of great public concern.

The speech cannot be made as part of the employment (such as an internal memorandum).