[StJacques]

"If he was speaking in his official capacity, the governor has the authority to fire him. If he was speaking as a private citizen, I think the guy has a lawsuit because he was fired for exercising his constitutional right on his own time. . . ."

You've just asked the very question I wanted to put up. From the sound of it, he was on his own time.

[bigLusr]

Pop quiz. What are the first five words of the first amendment?

Think of it this way... What if the guy started posing for smutty magazines on his own time? Could the governor fire him for that?

Clearly he could... and you'd be glad he was, I'd wager.

It's not a first amendment issue. There's simply no standing for a lawsuit... no matter whose time he was on.