What is the test for determining whether a public employee's speech is free to speak?

The test for determining whether a public employee's speech is covered by the First Amendment is: (1) whether the plaintiff spoke on a matter of public concern; (2) whether the plaintiff spoke as a private citizen or a public employee; and (3) whether the state had an adequate justification for treating the employee differently than other members of the general public. Eng, 552 F.3d at 1070. To reach the other factors, a plaintiff must first show that the statements substantially involve a matter of public concern. Johnson v. Multnomah Cnty., 48 F.3d 420, 422 (9th Cir. 1995).

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