CRS Legal Sidebar – “The Free Speech Clause of the First Amendment provides that “Congress shall make no law . . . abridging the freedom of speech.” The clause applies to any government action, whether federal, state, or local. Individuals may be able to challenge violations of their free speech rights in a variety of ways. One basis for such a challenge may be that an official took adverse action against an individual in response to the individual engaging in protected speech—often known as a First Amendment retaliation claim. First Amendment retaliation may arise in a variety of circumstances. For example, during its 2023 term, the U.S. Supreme Court heard a case involving an alleged retaliatory arrest of a former city councilmember. In 2025, law firms have raised First Amendment retaliation claims against the Trump Administration based on the President’s executive orders aimed at specific firms. This Legal Sidebar first provides an overview of the elements of First Amendment retaliation. Although lower courts vary in their precise formulation of these elements, the Supreme Court has identified three general considerations. To demonstrate First Amendment retaliation, an individual must show that (1) they have engaged in expression protected by the First Amendment, (2) a government official took an adverse action against the individual, and (3) the individual’s protected expression motivated the official to take the adverse action. The Legal Sidebar concludes with a brief discussion of the relief available for First Amendment retaliation claims..”