Wednesday, May 31, 2006

SCOTUS holds that First Amendment does not protect comments made by public employees

In GARCETTI v. CEBALLOS, the Supreme Court decided whether the First Amendment protects a government employee from discipline based on speech made pursuant to the employee's official duties. The majority (5-4) held that the First Amendment does not provide protection for comments that a public employee makes in the course of his typical duties, even if the comments alleged public corruption or government wrongdoing. Supervisors are free to impose discipline for comments considered disruptive or in violation of the entity's policy.

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