On February 23, 2011, WIBC's website reported that Indiana Deputy Attorney General Jeff Cox was fired for comments made via the Internet that were characterized by the Indiana Attorney General's Office to lack the civility expected of public servants. Using the screen name JCCentCom, Cox responded to a Mother Jones magazine tweet that police might try to remove demonstrators with the comment, “Use live ammunition.” Following up on that, Mother Jones reported several additional comments by Cox which could be considered inflammatory. Although Cox allegedly stated, “All my comments on twitter & my blog are my own and no one else's.” Mother Jones used the headline “Indiana Official: 'Use Live Ammunition' Against Wisconsin Protesters” to report the incident. In that article, Mother Jones also noted that a representative of the Indiana Attorney General's Office stated, "We do not condone any comments that would threaten or imply violence or intimidation toward anyone." (Retrieved February 23, 2011).
While it would be imprudent to comment on the legal merits of any particular claims which may arise from this incident, the situation raises several issues about the limits of free speech in the United States. In order to put such events in context, it is helpful to understand “time place and manner” restrictions and the “fighting words” doctrine. Furthermore, in cases involving public employees, it is necessary to address the balance between the interests of the employee and the interests of the state. It is important that all government limitations on speech are content-neutral so that such restrictions are not misused to censor particular ideas or opinions.
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