Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- First amendment (3)
- Pickering v. Board of Education (3)
- Freedom of speech (2)
- Garcetti v. Ceballos (2)
- Government employees (2)
-
- Constitutional rights (1)
- First Amendment (1)
- Free speech (1)
- Labor and employment law (1)
- Lane v. franks (1)
- Pickering v. Board of Education of Township High School District 205 (1)
- Public agencies (1)
- Public concern (1)
- Public employee (1)
- Public employee free speech rights (1)
- Public employees (1)
- Retaliation (1)
Articles 1 - 5 of 5
Full-Text Articles in First Amendment
Not My Job: Determining The Bounds Of Public Employee Protected Speech, Stephen Allred
Not My Job: Determining The Bounds Of Public Employee Protected Speech, Stephen Allred
Law Faculty Publications
This article reviews the Supreme Court’s rulings in public employee free speech cases, discusses the significant departure from precedent that Garcetti made to those cases, summarizes the Court’s most recent ruling in Lane, and argues that the Court should return to the broader standard the Court originally announced in Pickering.
Shibboleths And Ceballos: Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart
Shibboleths And Ceballos: Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart
Law Faculty Publications
Recently, the Supreme Court rendered an inexplicable First Amendment decision that has far-reaching effects on the way government is held accountable to the public. In Garcetti v. Ceballos, the Court determined that a government employer can retaliate against an employee for doing his job correctly, notwithstanding the Constitution, so long as the employer targets speech that was part of the employee’s official duties. Inasmuch as government employees are often responsible for reporting government misconduct and other matters of public concern, this opinion essentially leaves the public unprotected from the unbridled discretion of government supervisors. The possible motivations for this …
Speech Of Government Employees, Ann C. Hodges
Speech Of Government Employees, Ann C. Hodges
Law Faculty Publications
For many years, government employment was considered a privilege rather than a right, and, as a result, the government could place restrictions on employee speech that would be unconstitutional if applied to citizens.
Matters Of Public Concern Standard In Free Speech Cases, Ann C. Hodges
Matters Of Public Concern Standard In Free Speech Cases, Ann C. Hodges
Law Faculty Publications
The public concern standard has operated primarily in two categories of free-speech cases: those involving speech by government employees and those involving defamation.
Disciplining Public Employees For Expressive Activity, Ann C. Hodges
Disciplining Public Employees For Expressive Activity, Ann C. Hodges
Law Faculty Publications
A public employee's right to free speech under the First Amendment is not unlimited and employers have the right to discipline employees for expressive activity under certain circumstances (Pickering v. Board of Education, 391 U.S. 563, 1968). The employer has an interest in ensuring that its etnployees do not under1nine its operations or ll1terfere with acco1nplishment of its objectives. At the same time, employees do not give up their constitutional rights when they accept government employment.