Law Commons^™

Employee Speech & Management Rights: A Counterintuitive Reading Of Garcetti V. Ceballos, Elizabeth Dale

Elizabeth Dale

In the two years since the decision came down, courts and commentators generally have agreed that the Supreme Court's decision in Garcetti v. Ceballos sharply limited the First Amendment rights of public employees. In this Article, I argue that this widely shared interpretation overstates the case. The Court in Garcetti did not dramatically change the way it analyzed public employees' First Amendment rights. Instead, it restated the principles on which those claims rest, emphasizing management rights and the unconstitutional conditions doctrine. By making those two theories the centerpiece of the decision, the Court in Garcetti defined public employee speech rights …

Whistleblowing And Free Speech: Garcetti's Early Progeny And Shrinking Constitutional Rights Of Public Employees, J. Michael Mcguinness

Touro Law Review

No abstract provided.

The Emerging First Amendment Law Of Managerial Prerogative, Lawrence Rosenthal

Lawrence Rosenthal

In Garcetti v. Ceballos, the Supreme Court, by the narrowest of margins, held that allegations of police perjury made in memoranda to his superiors by Richard Ceballos, a supervisory prosecutor in the Los Angeles County District Attorney’s office, were unprotected by the First Amendment because “his expressions were made pursuant to his duties. . . .” The academic reaction to this holding has been harshly negative; scholars argue that the holding will prevent the public from learning of governmental misconduct that is known only to those working within the bowels of the government itself.

This article rejects the scholarly consensus …

Employee Speech & Management Rights: A Counterintuitive Reading Of Garcetti V. Ceballos, Elizabeth Dale

UF Law Faculty Publications

In the two years since the decision came down, courts and commentators generally have agreed that the Supreme Court's decision in Garcetti v. Ceballos sharply limited the First Amendment rights of public employees. In this Article, I argue that this widely shared interpretation overstates the case. The Court in Garcetti did not dramatically change the way it analyzed public employees' First Amendment rights. Instead, it restated the principles on which those claims rest, emphasizing management rights and the unconstitutional conditions doctrine. By making those two theories the centerpiece of the decision, the Court in Garcetti defined public employee speech rights …

Constitutional Law: Board Of County Commissioners V. Umbehr And O'Hare Truck Service V. City Of Northlake--The Extension Of First Amendment Protection To Independent Contractors--The Garbage Man Can Now Talk Trash!, Brent C. Eckersley

Oklahoma Law Review

No abstract provided.

On Balancing Scales, Kaleidoscopes, And The Blurred Limits Of Academic Freedom, Harry F. Tepker Jr., Joseph Harroz Jr.

Oklahoma Law Review

No abstract provided.

Employment Law: Acevedo V. City Of Muskogee -- Creating A New Doctrine For Judging The Value Of Public Employee Speech Rights--Sound Policy Or Doctrinal Mutiny?, Timothy Wilson

Oklahoma Law Review

No abstract provided.

United States V. National Treasury Employees Union And The Constitutionality Of The Honoraria Ban: Protecting The First Amendment Rights Of Public Employees, Judy M. Lin

University of Richmond Law Review

During the 1980s, government ethics were brought into the spotlight as the public's confidence in the integrity of government officials eroded. In an attempt to curb actual and perceived improprieties by government employees, and to reinforce the standards of integrity within the federal government, President Bush signed into law the Ethics Reform Act of 1989.

Connick V. Myers: New Restrictions On The Free Speech Rights Of Government Employees, Peter C. Mccabe Iii

Indiana Law Journal

No abstract provided.