I vilken utsträckning är rätten att yttra sig begränsad för offentligt anställda?

Sammanfattning: In this work we have focused on a public employee's right to express himself both in his freetime but also at work. We have also investigated deeply the duty of loyalty that an employeehas towards their employer and investigate how the outcome can be when these have been setagainst each other. With this work, we wanted to investigate how an employee's right toexpress himself can be limited due to various factors. We have done this by presenting whatlaws, principles, doctrine and case law such as AD cases and JO decisions say in the area. Wehave picked up various cases that have shown us different factors regarding freedom ofexpression, such as an employee's criticism directed toward his employer and business, theemployee's own interests, but also in cases where an employee has been in a high positionand has spoken out, etc. We have then analyzed and compared different cases with each otherto arrive at how the duty of loyalty and freedom of expression, as well as the right to expressoneself in leisure time and at work, relate to each other. AD cases and JO decisions are about employees expressing themselves, for example, throughtheir Facebook page or on their blog. However, the weight of our work has been to highlightvarious cases that have been able to provide answers to our questions.We have highlighted cases where the employee has expressed himself during his free time,where in some cases it has been considered okay and in some cases where the employee hasreceived a warning in the service. We have also highlighted cases that show that theemployee has a duty of loyalty towards his employer. In some cases, it has been found thatthe employee's duty of loyalty has outweighed and that the employee who has been dismissedhas been dismissed on the right grounds. This has been shown after we have interpretedjudgments and decisions from JO and AD. We have also presented in our work that freedomof expression has come before the duty of loyalty in the majority of cases.However, common to most cases from both JO and AD has been that the employer has firstgiven a sanction to the employee, such as a dismissal or a warning, which has then gone tocourt and been subject to authoritative judicial review. In some cases there has been a legal assessment of JO. Whether the sanction was right or not and whether the employee had theright to express himself, we go deeper into this in our work.