First Amendment Issues Part 1
What Can School Officials Say And Do
1st Amendment Issues In Schools
Randall C Farmer Esq
What Can School Officials Say And Do 1st Amendment Issues In
Schools
Overview
bull Public Employee Free Speech IssuesbullWhat is a Matter of public concern
bull Political Activities
bull Religious Activity
bull Internet Speech
Pop Quiz
bull Can a public employee be disciplined for speaking out on a matter of public concern
bull Can teachers or administrators express their personal religious beliefs in the classroom school or at work
bull Can employees engage in unionizing activity during work hours
bull Can a public employee be disciplined for speech on the internet
First Amendment
bull Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances
Translation
bull First Amendment applies a prohibition on Congress
bull Prohibition is extended to states and local governments eg school districts through the 14th Amendment
bull Prohibition impacts four areas of civic life religion speechpress association and petition government
Starting Point For Free Speech Garcetti v Ceballos
bull Supreme Court case decided in 2006
bull Generally two-part rule
1048708 Was the employeersquos speech on a ldquomatter of public concernrdquo
1048708 If not there is no cause of action in the First Amendment
Garcetti Continued
If the speech is on a ldquomatter of public concernrdquo thenhellipndash Does the government
entity have good cause for treating the employee differently from any other
member of the general public
This becomes a balancing test ndash the employeersquos right to speak against the governmentrsquos concerns regarding the workplace etc
Background on Garcettibull Ceballos worked for the DA and
reviewed the affidavit and determined that the affidavit contained serious misrepresentations from the sheriffrsquos deputies
bull Ceballos relayed his concerns about the affidavit to his supervisors via a memo and recommended dismissal of the case
bull Called as a witness by defense about his review of the affidavit
bull Ceballos reassigned to a trial deputy position then transferred to another courthouse and denied a promotion
bull Brought First Amendment Claim
Problem With First Amendmentbull Clear as mudbull Rarely any black letter lawbull Dealing with shades of graybull Difficult for administrators to know
when an employee is speaking as a private citizen or pursuant to job duties
bull Cannot predict what a judge is going to do
bull Scale more an employee has discretion responsibility and visibility eg superintendent or high level administrators less likely person will be seen as a private citizen Actions associated with position
Three Categories of Speechbull Speech as an Employee ndash Not protected ldquoWhen public
employees make statements pursuant to their official duties the employees are not speaking as citizens for First Amendment purposes rdquo
bull Speech on Matters that are NOT of public concern ndash Not Protected ldquoIf a school employee does not speak on a matter of public concern The employee has no First Amendment cause of action ldquo
bull Speech as a citizen on matters of public concern ndash Sometimes Protected If the employee ldquospeaks as a citizen on a matter of public concernrdquo then there is the possibility of a First Amendment claim The employer must show that it had an adequate justification for treating the employee differently from any other employee
SO WHEN IS AN EMPLOYEE NOT A PRIVATE CITIZEN
WHAT IS A MATTER OF PUBLIC CONCERN
What is NOT a matter of public concern generally
bull Look at job duties and context of speech
bull Speech related to performance of employeersquos job duties eg internal office disputes
bull Classroom speech no academic freedom and no right to stray from curriculum Most courts rule that teachers do not have the right to trump mandated curriculum eg no right to show R rated movie
ExamplesGreen v Barrett 2007 US App LEXIS 62008 (11th Cir 2007) (No First Amendment
protection for testimony provided by Chief Jailer regarding jail conditions) Morris v Crow 142 F 3d 1379 1381 1382 (11th Cir 1998) (ldquoThe mere fact that Morrisrsquo
statements were made in the context of a civil deposition cannot transform them into constitutionally protected speechrdquo)
Dennis v Putnam County Bd of Educ 260 Fed Appx 171 3 (11th Cir 2007) (statements regarding budget to county commissioner made pursuant to duties as school districtrsquos fiscal officer were not protected)
Vila v Padron 484 F3d 1334 1340 (11th Cir 2007) (No claim for retaliation under the First Amendment for the Vice President of External Affairs who held a policy making position and objected to certain improprieties in the community collegersquos financial dealings)
Abdur-Raham v Walker 2008 US Dist LEXIS 25349 20 (ND Ga 2008) (No First Amendment retaliation claim permitted when employees learned of the problems while performing their job responsibilities)
Miller v Houston Co Bd of Educ 2008 US Dist LEXIS 19394 36 (MD Ala 2008) (No First Amendment retaliation claim when student teacher made complaints about IEPs pursuant to her official duties)
- First Amendment Issues Part 1
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- Overview
- Pop Quiz
- First Amendment
- Translation
- Starting Point For Free Speech Garcetti v Ceballos
- Garcetti Continued
- Background on Garcetti
- Problem With First Amendment
- Three Categories of Speech
- Slide 13
- What is NOT a matter of public concern generally
- Examples
-
What Can School Officials Say And Do
1st Amendment Issues In Schools
Randall C Farmer Esq
What Can School Officials Say And Do 1st Amendment Issues In
Schools
Overview
bull Public Employee Free Speech IssuesbullWhat is a Matter of public concern
bull Political Activities
bull Religious Activity
bull Internet Speech
Pop Quiz
bull Can a public employee be disciplined for speaking out on a matter of public concern
bull Can teachers or administrators express their personal religious beliefs in the classroom school or at work
bull Can employees engage in unionizing activity during work hours
bull Can a public employee be disciplined for speech on the internet
First Amendment
bull Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances
Translation
bull First Amendment applies a prohibition on Congress
bull Prohibition is extended to states and local governments eg school districts through the 14th Amendment
bull Prohibition impacts four areas of civic life religion speechpress association and petition government
Starting Point For Free Speech Garcetti v Ceballos
bull Supreme Court case decided in 2006
bull Generally two-part rule
1048708 Was the employeersquos speech on a ldquomatter of public concernrdquo
1048708 If not there is no cause of action in the First Amendment
Garcetti Continued
If the speech is on a ldquomatter of public concernrdquo thenhellipndash Does the government
entity have good cause for treating the employee differently from any other
member of the general public
This becomes a balancing test ndash the employeersquos right to speak against the governmentrsquos concerns regarding the workplace etc
Background on Garcettibull Ceballos worked for the DA and
reviewed the affidavit and determined that the affidavit contained serious misrepresentations from the sheriffrsquos deputies
bull Ceballos relayed his concerns about the affidavit to his supervisors via a memo and recommended dismissal of the case
bull Called as a witness by defense about his review of the affidavit
bull Ceballos reassigned to a trial deputy position then transferred to another courthouse and denied a promotion
bull Brought First Amendment Claim
Problem With First Amendmentbull Clear as mudbull Rarely any black letter lawbull Dealing with shades of graybull Difficult for administrators to know
when an employee is speaking as a private citizen or pursuant to job duties
bull Cannot predict what a judge is going to do
bull Scale more an employee has discretion responsibility and visibility eg superintendent or high level administrators less likely person will be seen as a private citizen Actions associated with position
Three Categories of Speechbull Speech as an Employee ndash Not protected ldquoWhen public
employees make statements pursuant to their official duties the employees are not speaking as citizens for First Amendment purposes rdquo
bull Speech on Matters that are NOT of public concern ndash Not Protected ldquoIf a school employee does not speak on a matter of public concern The employee has no First Amendment cause of action ldquo
bull Speech as a citizen on matters of public concern ndash Sometimes Protected If the employee ldquospeaks as a citizen on a matter of public concernrdquo then there is the possibility of a First Amendment claim The employer must show that it had an adequate justification for treating the employee differently from any other employee
SO WHEN IS AN EMPLOYEE NOT A PRIVATE CITIZEN
WHAT IS A MATTER OF PUBLIC CONCERN
What is NOT a matter of public concern generally
bull Look at job duties and context of speech
bull Speech related to performance of employeersquos job duties eg internal office disputes
bull Classroom speech no academic freedom and no right to stray from curriculum Most courts rule that teachers do not have the right to trump mandated curriculum eg no right to show R rated movie
ExamplesGreen v Barrett 2007 US App LEXIS 62008 (11th Cir 2007) (No First Amendment
protection for testimony provided by Chief Jailer regarding jail conditions) Morris v Crow 142 F 3d 1379 1381 1382 (11th Cir 1998) (ldquoThe mere fact that Morrisrsquo
statements were made in the context of a civil deposition cannot transform them into constitutionally protected speechrdquo)
Dennis v Putnam County Bd of Educ 260 Fed Appx 171 3 (11th Cir 2007) (statements regarding budget to county commissioner made pursuant to duties as school districtrsquos fiscal officer were not protected)
Vila v Padron 484 F3d 1334 1340 (11th Cir 2007) (No claim for retaliation under the First Amendment for the Vice President of External Affairs who held a policy making position and objected to certain improprieties in the community collegersquos financial dealings)
Abdur-Raham v Walker 2008 US Dist LEXIS 25349 20 (ND Ga 2008) (No First Amendment retaliation claim permitted when employees learned of the problems while performing their job responsibilities)
Miller v Houston Co Bd of Educ 2008 US Dist LEXIS 19394 36 (MD Ala 2008) (No First Amendment retaliation claim when student teacher made complaints about IEPs pursuant to her official duties)
- First Amendment Issues Part 1
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- Overview
- Pop Quiz
- First Amendment
- Translation
- Starting Point For Free Speech Garcetti v Ceballos
- Garcetti Continued
- Background on Garcetti
- Problem With First Amendment
- Three Categories of Speech
- Slide 13
- What is NOT a matter of public concern generally
- Examples
-
What Can School Officials Say And Do 1st Amendment Issues In
Schools
Overview
bull Public Employee Free Speech IssuesbullWhat is a Matter of public concern
bull Political Activities
bull Religious Activity
bull Internet Speech
Pop Quiz
bull Can a public employee be disciplined for speaking out on a matter of public concern
bull Can teachers or administrators express their personal religious beliefs in the classroom school or at work
bull Can employees engage in unionizing activity during work hours
bull Can a public employee be disciplined for speech on the internet
First Amendment
bull Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances
Translation
bull First Amendment applies a prohibition on Congress
bull Prohibition is extended to states and local governments eg school districts through the 14th Amendment
bull Prohibition impacts four areas of civic life religion speechpress association and petition government
Starting Point For Free Speech Garcetti v Ceballos
bull Supreme Court case decided in 2006
bull Generally two-part rule
1048708 Was the employeersquos speech on a ldquomatter of public concernrdquo
1048708 If not there is no cause of action in the First Amendment
Garcetti Continued
If the speech is on a ldquomatter of public concernrdquo thenhellipndash Does the government
entity have good cause for treating the employee differently from any other
member of the general public
This becomes a balancing test ndash the employeersquos right to speak against the governmentrsquos concerns regarding the workplace etc
Background on Garcettibull Ceballos worked for the DA and
reviewed the affidavit and determined that the affidavit contained serious misrepresentations from the sheriffrsquos deputies
bull Ceballos relayed his concerns about the affidavit to his supervisors via a memo and recommended dismissal of the case
bull Called as a witness by defense about his review of the affidavit
bull Ceballos reassigned to a trial deputy position then transferred to another courthouse and denied a promotion
bull Brought First Amendment Claim
Problem With First Amendmentbull Clear as mudbull Rarely any black letter lawbull Dealing with shades of graybull Difficult for administrators to know
when an employee is speaking as a private citizen or pursuant to job duties
bull Cannot predict what a judge is going to do
bull Scale more an employee has discretion responsibility and visibility eg superintendent or high level administrators less likely person will be seen as a private citizen Actions associated with position
Three Categories of Speechbull Speech as an Employee ndash Not protected ldquoWhen public
employees make statements pursuant to their official duties the employees are not speaking as citizens for First Amendment purposes rdquo
bull Speech on Matters that are NOT of public concern ndash Not Protected ldquoIf a school employee does not speak on a matter of public concern The employee has no First Amendment cause of action ldquo
bull Speech as a citizen on matters of public concern ndash Sometimes Protected If the employee ldquospeaks as a citizen on a matter of public concernrdquo then there is the possibility of a First Amendment claim The employer must show that it had an adequate justification for treating the employee differently from any other employee
SO WHEN IS AN EMPLOYEE NOT A PRIVATE CITIZEN
WHAT IS A MATTER OF PUBLIC CONCERN
What is NOT a matter of public concern generally
bull Look at job duties and context of speech
bull Speech related to performance of employeersquos job duties eg internal office disputes
bull Classroom speech no academic freedom and no right to stray from curriculum Most courts rule that teachers do not have the right to trump mandated curriculum eg no right to show R rated movie
ExamplesGreen v Barrett 2007 US App LEXIS 62008 (11th Cir 2007) (No First Amendment
protection for testimony provided by Chief Jailer regarding jail conditions) Morris v Crow 142 F 3d 1379 1381 1382 (11th Cir 1998) (ldquoThe mere fact that Morrisrsquo
statements were made in the context of a civil deposition cannot transform them into constitutionally protected speechrdquo)
Dennis v Putnam County Bd of Educ 260 Fed Appx 171 3 (11th Cir 2007) (statements regarding budget to county commissioner made pursuant to duties as school districtrsquos fiscal officer were not protected)
Vila v Padron 484 F3d 1334 1340 (11th Cir 2007) (No claim for retaliation under the First Amendment for the Vice President of External Affairs who held a policy making position and objected to certain improprieties in the community collegersquos financial dealings)
Abdur-Raham v Walker 2008 US Dist LEXIS 25349 20 (ND Ga 2008) (No First Amendment retaliation claim permitted when employees learned of the problems while performing their job responsibilities)
Miller v Houston Co Bd of Educ 2008 US Dist LEXIS 19394 36 (MD Ala 2008) (No First Amendment retaliation claim when student teacher made complaints about IEPs pursuant to her official duties)
- First Amendment Issues Part 1
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- Overview
- Pop Quiz
- First Amendment
- Translation
- Starting Point For Free Speech Garcetti v Ceballos
- Garcetti Continued
- Background on Garcetti
- Problem With First Amendment
- Three Categories of Speech
- Slide 13
- What is NOT a matter of public concern generally
- Examples
-
Overview
bull Public Employee Free Speech IssuesbullWhat is a Matter of public concern
bull Political Activities
bull Religious Activity
bull Internet Speech
Pop Quiz
bull Can a public employee be disciplined for speaking out on a matter of public concern
bull Can teachers or administrators express their personal religious beliefs in the classroom school or at work
bull Can employees engage in unionizing activity during work hours
bull Can a public employee be disciplined for speech on the internet
First Amendment
bull Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances
Translation
bull First Amendment applies a prohibition on Congress
bull Prohibition is extended to states and local governments eg school districts through the 14th Amendment
bull Prohibition impacts four areas of civic life religion speechpress association and petition government
Starting Point For Free Speech Garcetti v Ceballos
bull Supreme Court case decided in 2006
bull Generally two-part rule
1048708 Was the employeersquos speech on a ldquomatter of public concernrdquo
1048708 If not there is no cause of action in the First Amendment
Garcetti Continued
If the speech is on a ldquomatter of public concernrdquo thenhellipndash Does the government
entity have good cause for treating the employee differently from any other
member of the general public
This becomes a balancing test ndash the employeersquos right to speak against the governmentrsquos concerns regarding the workplace etc
Background on Garcettibull Ceballos worked for the DA and
reviewed the affidavit and determined that the affidavit contained serious misrepresentations from the sheriffrsquos deputies
bull Ceballos relayed his concerns about the affidavit to his supervisors via a memo and recommended dismissal of the case
bull Called as a witness by defense about his review of the affidavit
bull Ceballos reassigned to a trial deputy position then transferred to another courthouse and denied a promotion
bull Brought First Amendment Claim
Problem With First Amendmentbull Clear as mudbull Rarely any black letter lawbull Dealing with shades of graybull Difficult for administrators to know
when an employee is speaking as a private citizen or pursuant to job duties
bull Cannot predict what a judge is going to do
bull Scale more an employee has discretion responsibility and visibility eg superintendent or high level administrators less likely person will be seen as a private citizen Actions associated with position
Three Categories of Speechbull Speech as an Employee ndash Not protected ldquoWhen public
employees make statements pursuant to their official duties the employees are not speaking as citizens for First Amendment purposes rdquo
bull Speech on Matters that are NOT of public concern ndash Not Protected ldquoIf a school employee does not speak on a matter of public concern The employee has no First Amendment cause of action ldquo
bull Speech as a citizen on matters of public concern ndash Sometimes Protected If the employee ldquospeaks as a citizen on a matter of public concernrdquo then there is the possibility of a First Amendment claim The employer must show that it had an adequate justification for treating the employee differently from any other employee
SO WHEN IS AN EMPLOYEE NOT A PRIVATE CITIZEN
WHAT IS A MATTER OF PUBLIC CONCERN
What is NOT a matter of public concern generally
bull Look at job duties and context of speech
bull Speech related to performance of employeersquos job duties eg internal office disputes
bull Classroom speech no academic freedom and no right to stray from curriculum Most courts rule that teachers do not have the right to trump mandated curriculum eg no right to show R rated movie
ExamplesGreen v Barrett 2007 US App LEXIS 62008 (11th Cir 2007) (No First Amendment
protection for testimony provided by Chief Jailer regarding jail conditions) Morris v Crow 142 F 3d 1379 1381 1382 (11th Cir 1998) (ldquoThe mere fact that Morrisrsquo
statements were made in the context of a civil deposition cannot transform them into constitutionally protected speechrdquo)
Dennis v Putnam County Bd of Educ 260 Fed Appx 171 3 (11th Cir 2007) (statements regarding budget to county commissioner made pursuant to duties as school districtrsquos fiscal officer were not protected)
Vila v Padron 484 F3d 1334 1340 (11th Cir 2007) (No claim for retaliation under the First Amendment for the Vice President of External Affairs who held a policy making position and objected to certain improprieties in the community collegersquos financial dealings)
Abdur-Raham v Walker 2008 US Dist LEXIS 25349 20 (ND Ga 2008) (No First Amendment retaliation claim permitted when employees learned of the problems while performing their job responsibilities)
Miller v Houston Co Bd of Educ 2008 US Dist LEXIS 19394 36 (MD Ala 2008) (No First Amendment retaliation claim when student teacher made complaints about IEPs pursuant to her official duties)
- First Amendment Issues Part 1
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- Overview
- Pop Quiz
- First Amendment
- Translation
- Starting Point For Free Speech Garcetti v Ceballos
- Garcetti Continued
- Background on Garcetti
- Problem With First Amendment
- Three Categories of Speech
- Slide 13
- What is NOT a matter of public concern generally
- Examples
-
Pop Quiz
bull Can a public employee be disciplined for speaking out on a matter of public concern
bull Can teachers or administrators express their personal religious beliefs in the classroom school or at work
bull Can employees engage in unionizing activity during work hours
bull Can a public employee be disciplined for speech on the internet
First Amendment
bull Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances
Translation
bull First Amendment applies a prohibition on Congress
bull Prohibition is extended to states and local governments eg school districts through the 14th Amendment
bull Prohibition impacts four areas of civic life religion speechpress association and petition government
Starting Point For Free Speech Garcetti v Ceballos
bull Supreme Court case decided in 2006
bull Generally two-part rule
1048708 Was the employeersquos speech on a ldquomatter of public concernrdquo
1048708 If not there is no cause of action in the First Amendment
Garcetti Continued
If the speech is on a ldquomatter of public concernrdquo thenhellipndash Does the government
entity have good cause for treating the employee differently from any other
member of the general public
This becomes a balancing test ndash the employeersquos right to speak against the governmentrsquos concerns regarding the workplace etc
Background on Garcettibull Ceballos worked for the DA and
reviewed the affidavit and determined that the affidavit contained serious misrepresentations from the sheriffrsquos deputies
bull Ceballos relayed his concerns about the affidavit to his supervisors via a memo and recommended dismissal of the case
bull Called as a witness by defense about his review of the affidavit
bull Ceballos reassigned to a trial deputy position then transferred to another courthouse and denied a promotion
bull Brought First Amendment Claim
Problem With First Amendmentbull Clear as mudbull Rarely any black letter lawbull Dealing with shades of graybull Difficult for administrators to know
when an employee is speaking as a private citizen or pursuant to job duties
bull Cannot predict what a judge is going to do
bull Scale more an employee has discretion responsibility and visibility eg superintendent or high level administrators less likely person will be seen as a private citizen Actions associated with position
Three Categories of Speechbull Speech as an Employee ndash Not protected ldquoWhen public
employees make statements pursuant to their official duties the employees are not speaking as citizens for First Amendment purposes rdquo
bull Speech on Matters that are NOT of public concern ndash Not Protected ldquoIf a school employee does not speak on a matter of public concern The employee has no First Amendment cause of action ldquo
bull Speech as a citizen on matters of public concern ndash Sometimes Protected If the employee ldquospeaks as a citizen on a matter of public concernrdquo then there is the possibility of a First Amendment claim The employer must show that it had an adequate justification for treating the employee differently from any other employee
SO WHEN IS AN EMPLOYEE NOT A PRIVATE CITIZEN
WHAT IS A MATTER OF PUBLIC CONCERN
What is NOT a matter of public concern generally
bull Look at job duties and context of speech
bull Speech related to performance of employeersquos job duties eg internal office disputes
bull Classroom speech no academic freedom and no right to stray from curriculum Most courts rule that teachers do not have the right to trump mandated curriculum eg no right to show R rated movie
ExamplesGreen v Barrett 2007 US App LEXIS 62008 (11th Cir 2007) (No First Amendment
protection for testimony provided by Chief Jailer regarding jail conditions) Morris v Crow 142 F 3d 1379 1381 1382 (11th Cir 1998) (ldquoThe mere fact that Morrisrsquo
statements were made in the context of a civil deposition cannot transform them into constitutionally protected speechrdquo)
Dennis v Putnam County Bd of Educ 260 Fed Appx 171 3 (11th Cir 2007) (statements regarding budget to county commissioner made pursuant to duties as school districtrsquos fiscal officer were not protected)
Vila v Padron 484 F3d 1334 1340 (11th Cir 2007) (No claim for retaliation under the First Amendment for the Vice President of External Affairs who held a policy making position and objected to certain improprieties in the community collegersquos financial dealings)
Abdur-Raham v Walker 2008 US Dist LEXIS 25349 20 (ND Ga 2008) (No First Amendment retaliation claim permitted when employees learned of the problems while performing their job responsibilities)
Miller v Houston Co Bd of Educ 2008 US Dist LEXIS 19394 36 (MD Ala 2008) (No First Amendment retaliation claim when student teacher made complaints about IEPs pursuant to her official duties)
- First Amendment Issues Part 1
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- Overview
- Pop Quiz
- First Amendment
- Translation
- Starting Point For Free Speech Garcetti v Ceballos
- Garcetti Continued
- Background on Garcetti
- Problem With First Amendment
- Three Categories of Speech
- Slide 13
- What is NOT a matter of public concern generally
- Examples
-
First Amendment
bull Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances
Translation
bull First Amendment applies a prohibition on Congress
bull Prohibition is extended to states and local governments eg school districts through the 14th Amendment
bull Prohibition impacts four areas of civic life religion speechpress association and petition government
Starting Point For Free Speech Garcetti v Ceballos
bull Supreme Court case decided in 2006
bull Generally two-part rule
1048708 Was the employeersquos speech on a ldquomatter of public concernrdquo
1048708 If not there is no cause of action in the First Amendment
Garcetti Continued
If the speech is on a ldquomatter of public concernrdquo thenhellipndash Does the government
entity have good cause for treating the employee differently from any other
member of the general public
This becomes a balancing test ndash the employeersquos right to speak against the governmentrsquos concerns regarding the workplace etc
Background on Garcettibull Ceballos worked for the DA and
reviewed the affidavit and determined that the affidavit contained serious misrepresentations from the sheriffrsquos deputies
bull Ceballos relayed his concerns about the affidavit to his supervisors via a memo and recommended dismissal of the case
bull Called as a witness by defense about his review of the affidavit
bull Ceballos reassigned to a trial deputy position then transferred to another courthouse and denied a promotion
bull Brought First Amendment Claim
Problem With First Amendmentbull Clear as mudbull Rarely any black letter lawbull Dealing with shades of graybull Difficult for administrators to know
when an employee is speaking as a private citizen or pursuant to job duties
bull Cannot predict what a judge is going to do
bull Scale more an employee has discretion responsibility and visibility eg superintendent or high level administrators less likely person will be seen as a private citizen Actions associated with position
Three Categories of Speechbull Speech as an Employee ndash Not protected ldquoWhen public
employees make statements pursuant to their official duties the employees are not speaking as citizens for First Amendment purposes rdquo
bull Speech on Matters that are NOT of public concern ndash Not Protected ldquoIf a school employee does not speak on a matter of public concern The employee has no First Amendment cause of action ldquo
bull Speech as a citizen on matters of public concern ndash Sometimes Protected If the employee ldquospeaks as a citizen on a matter of public concernrdquo then there is the possibility of a First Amendment claim The employer must show that it had an adequate justification for treating the employee differently from any other employee
SO WHEN IS AN EMPLOYEE NOT A PRIVATE CITIZEN
WHAT IS A MATTER OF PUBLIC CONCERN
What is NOT a matter of public concern generally
bull Look at job duties and context of speech
bull Speech related to performance of employeersquos job duties eg internal office disputes
bull Classroom speech no academic freedom and no right to stray from curriculum Most courts rule that teachers do not have the right to trump mandated curriculum eg no right to show R rated movie
ExamplesGreen v Barrett 2007 US App LEXIS 62008 (11th Cir 2007) (No First Amendment
protection for testimony provided by Chief Jailer regarding jail conditions) Morris v Crow 142 F 3d 1379 1381 1382 (11th Cir 1998) (ldquoThe mere fact that Morrisrsquo
statements were made in the context of a civil deposition cannot transform them into constitutionally protected speechrdquo)
Dennis v Putnam County Bd of Educ 260 Fed Appx 171 3 (11th Cir 2007) (statements regarding budget to county commissioner made pursuant to duties as school districtrsquos fiscal officer were not protected)
Vila v Padron 484 F3d 1334 1340 (11th Cir 2007) (No claim for retaliation under the First Amendment for the Vice President of External Affairs who held a policy making position and objected to certain improprieties in the community collegersquos financial dealings)
Abdur-Raham v Walker 2008 US Dist LEXIS 25349 20 (ND Ga 2008) (No First Amendment retaliation claim permitted when employees learned of the problems while performing their job responsibilities)
Miller v Houston Co Bd of Educ 2008 US Dist LEXIS 19394 36 (MD Ala 2008) (No First Amendment retaliation claim when student teacher made complaints about IEPs pursuant to her official duties)
- First Amendment Issues Part 1
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- Overview
- Pop Quiz
- First Amendment
- Translation
- Starting Point For Free Speech Garcetti v Ceballos
- Garcetti Continued
- Background on Garcetti
- Problem With First Amendment
- Three Categories of Speech
- Slide 13
- What is NOT a matter of public concern generally
- Examples
-
Translation
bull First Amendment applies a prohibition on Congress
bull Prohibition is extended to states and local governments eg school districts through the 14th Amendment
bull Prohibition impacts four areas of civic life religion speechpress association and petition government
Starting Point For Free Speech Garcetti v Ceballos
bull Supreme Court case decided in 2006
bull Generally two-part rule
1048708 Was the employeersquos speech on a ldquomatter of public concernrdquo
1048708 If not there is no cause of action in the First Amendment
Garcetti Continued
If the speech is on a ldquomatter of public concernrdquo thenhellipndash Does the government
entity have good cause for treating the employee differently from any other
member of the general public
This becomes a balancing test ndash the employeersquos right to speak against the governmentrsquos concerns regarding the workplace etc
Background on Garcettibull Ceballos worked for the DA and
reviewed the affidavit and determined that the affidavit contained serious misrepresentations from the sheriffrsquos deputies
bull Ceballos relayed his concerns about the affidavit to his supervisors via a memo and recommended dismissal of the case
bull Called as a witness by defense about his review of the affidavit
bull Ceballos reassigned to a trial deputy position then transferred to another courthouse and denied a promotion
bull Brought First Amendment Claim
Problem With First Amendmentbull Clear as mudbull Rarely any black letter lawbull Dealing with shades of graybull Difficult for administrators to know
when an employee is speaking as a private citizen or pursuant to job duties
bull Cannot predict what a judge is going to do
bull Scale more an employee has discretion responsibility and visibility eg superintendent or high level administrators less likely person will be seen as a private citizen Actions associated with position
Three Categories of Speechbull Speech as an Employee ndash Not protected ldquoWhen public
employees make statements pursuant to their official duties the employees are not speaking as citizens for First Amendment purposes rdquo
bull Speech on Matters that are NOT of public concern ndash Not Protected ldquoIf a school employee does not speak on a matter of public concern The employee has no First Amendment cause of action ldquo
bull Speech as a citizen on matters of public concern ndash Sometimes Protected If the employee ldquospeaks as a citizen on a matter of public concernrdquo then there is the possibility of a First Amendment claim The employer must show that it had an adequate justification for treating the employee differently from any other employee
SO WHEN IS AN EMPLOYEE NOT A PRIVATE CITIZEN
WHAT IS A MATTER OF PUBLIC CONCERN
What is NOT a matter of public concern generally
bull Look at job duties and context of speech
bull Speech related to performance of employeersquos job duties eg internal office disputes
bull Classroom speech no academic freedom and no right to stray from curriculum Most courts rule that teachers do not have the right to trump mandated curriculum eg no right to show R rated movie
ExamplesGreen v Barrett 2007 US App LEXIS 62008 (11th Cir 2007) (No First Amendment
protection for testimony provided by Chief Jailer regarding jail conditions) Morris v Crow 142 F 3d 1379 1381 1382 (11th Cir 1998) (ldquoThe mere fact that Morrisrsquo
statements were made in the context of a civil deposition cannot transform them into constitutionally protected speechrdquo)
Dennis v Putnam County Bd of Educ 260 Fed Appx 171 3 (11th Cir 2007) (statements regarding budget to county commissioner made pursuant to duties as school districtrsquos fiscal officer were not protected)
Vila v Padron 484 F3d 1334 1340 (11th Cir 2007) (No claim for retaliation under the First Amendment for the Vice President of External Affairs who held a policy making position and objected to certain improprieties in the community collegersquos financial dealings)
Abdur-Raham v Walker 2008 US Dist LEXIS 25349 20 (ND Ga 2008) (No First Amendment retaliation claim permitted when employees learned of the problems while performing their job responsibilities)
Miller v Houston Co Bd of Educ 2008 US Dist LEXIS 19394 36 (MD Ala 2008) (No First Amendment retaliation claim when student teacher made complaints about IEPs pursuant to her official duties)
- First Amendment Issues Part 1
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- Overview
- Pop Quiz
- First Amendment
- Translation
- Starting Point For Free Speech Garcetti v Ceballos
- Garcetti Continued
- Background on Garcetti
- Problem With First Amendment
- Three Categories of Speech
- Slide 13
- What is NOT a matter of public concern generally
- Examples
-
Starting Point For Free Speech Garcetti v Ceballos
bull Supreme Court case decided in 2006
bull Generally two-part rule
1048708 Was the employeersquos speech on a ldquomatter of public concernrdquo
1048708 If not there is no cause of action in the First Amendment
Garcetti Continued
If the speech is on a ldquomatter of public concernrdquo thenhellipndash Does the government
entity have good cause for treating the employee differently from any other
member of the general public
This becomes a balancing test ndash the employeersquos right to speak against the governmentrsquos concerns regarding the workplace etc
Background on Garcettibull Ceballos worked for the DA and
reviewed the affidavit and determined that the affidavit contained serious misrepresentations from the sheriffrsquos deputies
bull Ceballos relayed his concerns about the affidavit to his supervisors via a memo and recommended dismissal of the case
bull Called as a witness by defense about his review of the affidavit
bull Ceballos reassigned to a trial deputy position then transferred to another courthouse and denied a promotion
bull Brought First Amendment Claim
Problem With First Amendmentbull Clear as mudbull Rarely any black letter lawbull Dealing with shades of graybull Difficult for administrators to know
when an employee is speaking as a private citizen or pursuant to job duties
bull Cannot predict what a judge is going to do
bull Scale more an employee has discretion responsibility and visibility eg superintendent or high level administrators less likely person will be seen as a private citizen Actions associated with position
Three Categories of Speechbull Speech as an Employee ndash Not protected ldquoWhen public
employees make statements pursuant to their official duties the employees are not speaking as citizens for First Amendment purposes rdquo
bull Speech on Matters that are NOT of public concern ndash Not Protected ldquoIf a school employee does not speak on a matter of public concern The employee has no First Amendment cause of action ldquo
bull Speech as a citizen on matters of public concern ndash Sometimes Protected If the employee ldquospeaks as a citizen on a matter of public concernrdquo then there is the possibility of a First Amendment claim The employer must show that it had an adequate justification for treating the employee differently from any other employee
SO WHEN IS AN EMPLOYEE NOT A PRIVATE CITIZEN
WHAT IS A MATTER OF PUBLIC CONCERN
What is NOT a matter of public concern generally
bull Look at job duties and context of speech
bull Speech related to performance of employeersquos job duties eg internal office disputes
bull Classroom speech no academic freedom and no right to stray from curriculum Most courts rule that teachers do not have the right to trump mandated curriculum eg no right to show R rated movie
ExamplesGreen v Barrett 2007 US App LEXIS 62008 (11th Cir 2007) (No First Amendment
protection for testimony provided by Chief Jailer regarding jail conditions) Morris v Crow 142 F 3d 1379 1381 1382 (11th Cir 1998) (ldquoThe mere fact that Morrisrsquo
statements were made in the context of a civil deposition cannot transform them into constitutionally protected speechrdquo)
Dennis v Putnam County Bd of Educ 260 Fed Appx 171 3 (11th Cir 2007) (statements regarding budget to county commissioner made pursuant to duties as school districtrsquos fiscal officer were not protected)
Vila v Padron 484 F3d 1334 1340 (11th Cir 2007) (No claim for retaliation under the First Amendment for the Vice President of External Affairs who held a policy making position and objected to certain improprieties in the community collegersquos financial dealings)
Abdur-Raham v Walker 2008 US Dist LEXIS 25349 20 (ND Ga 2008) (No First Amendment retaliation claim permitted when employees learned of the problems while performing their job responsibilities)
Miller v Houston Co Bd of Educ 2008 US Dist LEXIS 19394 36 (MD Ala 2008) (No First Amendment retaliation claim when student teacher made complaints about IEPs pursuant to her official duties)
- First Amendment Issues Part 1
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- Overview
- Pop Quiz
- First Amendment
- Translation
- Starting Point For Free Speech Garcetti v Ceballos
- Garcetti Continued
- Background on Garcetti
- Problem With First Amendment
- Three Categories of Speech
- Slide 13
- What is NOT a matter of public concern generally
- Examples
-
Garcetti Continued
If the speech is on a ldquomatter of public concernrdquo thenhellipndash Does the government
entity have good cause for treating the employee differently from any other
member of the general public
This becomes a balancing test ndash the employeersquos right to speak against the governmentrsquos concerns regarding the workplace etc
Background on Garcettibull Ceballos worked for the DA and
reviewed the affidavit and determined that the affidavit contained serious misrepresentations from the sheriffrsquos deputies
bull Ceballos relayed his concerns about the affidavit to his supervisors via a memo and recommended dismissal of the case
bull Called as a witness by defense about his review of the affidavit
bull Ceballos reassigned to a trial deputy position then transferred to another courthouse and denied a promotion
bull Brought First Amendment Claim
Problem With First Amendmentbull Clear as mudbull Rarely any black letter lawbull Dealing with shades of graybull Difficult for administrators to know
when an employee is speaking as a private citizen or pursuant to job duties
bull Cannot predict what a judge is going to do
bull Scale more an employee has discretion responsibility and visibility eg superintendent or high level administrators less likely person will be seen as a private citizen Actions associated with position
Three Categories of Speechbull Speech as an Employee ndash Not protected ldquoWhen public
employees make statements pursuant to their official duties the employees are not speaking as citizens for First Amendment purposes rdquo
bull Speech on Matters that are NOT of public concern ndash Not Protected ldquoIf a school employee does not speak on a matter of public concern The employee has no First Amendment cause of action ldquo
bull Speech as a citizen on matters of public concern ndash Sometimes Protected If the employee ldquospeaks as a citizen on a matter of public concernrdquo then there is the possibility of a First Amendment claim The employer must show that it had an adequate justification for treating the employee differently from any other employee
SO WHEN IS AN EMPLOYEE NOT A PRIVATE CITIZEN
WHAT IS A MATTER OF PUBLIC CONCERN
What is NOT a matter of public concern generally
bull Look at job duties and context of speech
bull Speech related to performance of employeersquos job duties eg internal office disputes
bull Classroom speech no academic freedom and no right to stray from curriculum Most courts rule that teachers do not have the right to trump mandated curriculum eg no right to show R rated movie
ExamplesGreen v Barrett 2007 US App LEXIS 62008 (11th Cir 2007) (No First Amendment
protection for testimony provided by Chief Jailer regarding jail conditions) Morris v Crow 142 F 3d 1379 1381 1382 (11th Cir 1998) (ldquoThe mere fact that Morrisrsquo
statements were made in the context of a civil deposition cannot transform them into constitutionally protected speechrdquo)
Dennis v Putnam County Bd of Educ 260 Fed Appx 171 3 (11th Cir 2007) (statements regarding budget to county commissioner made pursuant to duties as school districtrsquos fiscal officer were not protected)
Vila v Padron 484 F3d 1334 1340 (11th Cir 2007) (No claim for retaliation under the First Amendment for the Vice President of External Affairs who held a policy making position and objected to certain improprieties in the community collegersquos financial dealings)
Abdur-Raham v Walker 2008 US Dist LEXIS 25349 20 (ND Ga 2008) (No First Amendment retaliation claim permitted when employees learned of the problems while performing their job responsibilities)
Miller v Houston Co Bd of Educ 2008 US Dist LEXIS 19394 36 (MD Ala 2008) (No First Amendment retaliation claim when student teacher made complaints about IEPs pursuant to her official duties)
- First Amendment Issues Part 1
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- Overview
- Pop Quiz
- First Amendment
- Translation
- Starting Point For Free Speech Garcetti v Ceballos
- Garcetti Continued
- Background on Garcetti
- Problem With First Amendment
- Three Categories of Speech
- Slide 13
- What is NOT a matter of public concern generally
- Examples
-
Background on Garcettibull Ceballos worked for the DA and
reviewed the affidavit and determined that the affidavit contained serious misrepresentations from the sheriffrsquos deputies
bull Ceballos relayed his concerns about the affidavit to his supervisors via a memo and recommended dismissal of the case
bull Called as a witness by defense about his review of the affidavit
bull Ceballos reassigned to a trial deputy position then transferred to another courthouse and denied a promotion
bull Brought First Amendment Claim
Problem With First Amendmentbull Clear as mudbull Rarely any black letter lawbull Dealing with shades of graybull Difficult for administrators to know
when an employee is speaking as a private citizen or pursuant to job duties
bull Cannot predict what a judge is going to do
bull Scale more an employee has discretion responsibility and visibility eg superintendent or high level administrators less likely person will be seen as a private citizen Actions associated with position
Three Categories of Speechbull Speech as an Employee ndash Not protected ldquoWhen public
employees make statements pursuant to their official duties the employees are not speaking as citizens for First Amendment purposes rdquo
bull Speech on Matters that are NOT of public concern ndash Not Protected ldquoIf a school employee does not speak on a matter of public concern The employee has no First Amendment cause of action ldquo
bull Speech as a citizen on matters of public concern ndash Sometimes Protected If the employee ldquospeaks as a citizen on a matter of public concernrdquo then there is the possibility of a First Amendment claim The employer must show that it had an adequate justification for treating the employee differently from any other employee
SO WHEN IS AN EMPLOYEE NOT A PRIVATE CITIZEN
WHAT IS A MATTER OF PUBLIC CONCERN
What is NOT a matter of public concern generally
bull Look at job duties and context of speech
bull Speech related to performance of employeersquos job duties eg internal office disputes
bull Classroom speech no academic freedom and no right to stray from curriculum Most courts rule that teachers do not have the right to trump mandated curriculum eg no right to show R rated movie
ExamplesGreen v Barrett 2007 US App LEXIS 62008 (11th Cir 2007) (No First Amendment
protection for testimony provided by Chief Jailer regarding jail conditions) Morris v Crow 142 F 3d 1379 1381 1382 (11th Cir 1998) (ldquoThe mere fact that Morrisrsquo
statements were made in the context of a civil deposition cannot transform them into constitutionally protected speechrdquo)
Dennis v Putnam County Bd of Educ 260 Fed Appx 171 3 (11th Cir 2007) (statements regarding budget to county commissioner made pursuant to duties as school districtrsquos fiscal officer were not protected)
Vila v Padron 484 F3d 1334 1340 (11th Cir 2007) (No claim for retaliation under the First Amendment for the Vice President of External Affairs who held a policy making position and objected to certain improprieties in the community collegersquos financial dealings)
Abdur-Raham v Walker 2008 US Dist LEXIS 25349 20 (ND Ga 2008) (No First Amendment retaliation claim permitted when employees learned of the problems while performing their job responsibilities)
Miller v Houston Co Bd of Educ 2008 US Dist LEXIS 19394 36 (MD Ala 2008) (No First Amendment retaliation claim when student teacher made complaints about IEPs pursuant to her official duties)
- First Amendment Issues Part 1
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- Overview
- Pop Quiz
- First Amendment
- Translation
- Starting Point For Free Speech Garcetti v Ceballos
- Garcetti Continued
- Background on Garcetti
- Problem With First Amendment
- Three Categories of Speech
- Slide 13
- What is NOT a matter of public concern generally
- Examples
-
Problem With First Amendmentbull Clear as mudbull Rarely any black letter lawbull Dealing with shades of graybull Difficult for administrators to know
when an employee is speaking as a private citizen or pursuant to job duties
bull Cannot predict what a judge is going to do
bull Scale more an employee has discretion responsibility and visibility eg superintendent or high level administrators less likely person will be seen as a private citizen Actions associated with position
Three Categories of Speechbull Speech as an Employee ndash Not protected ldquoWhen public
employees make statements pursuant to their official duties the employees are not speaking as citizens for First Amendment purposes rdquo
bull Speech on Matters that are NOT of public concern ndash Not Protected ldquoIf a school employee does not speak on a matter of public concern The employee has no First Amendment cause of action ldquo
bull Speech as a citizen on matters of public concern ndash Sometimes Protected If the employee ldquospeaks as a citizen on a matter of public concernrdquo then there is the possibility of a First Amendment claim The employer must show that it had an adequate justification for treating the employee differently from any other employee
SO WHEN IS AN EMPLOYEE NOT A PRIVATE CITIZEN
WHAT IS A MATTER OF PUBLIC CONCERN
What is NOT a matter of public concern generally
bull Look at job duties and context of speech
bull Speech related to performance of employeersquos job duties eg internal office disputes
bull Classroom speech no academic freedom and no right to stray from curriculum Most courts rule that teachers do not have the right to trump mandated curriculum eg no right to show R rated movie
ExamplesGreen v Barrett 2007 US App LEXIS 62008 (11th Cir 2007) (No First Amendment
protection for testimony provided by Chief Jailer regarding jail conditions) Morris v Crow 142 F 3d 1379 1381 1382 (11th Cir 1998) (ldquoThe mere fact that Morrisrsquo
statements were made in the context of a civil deposition cannot transform them into constitutionally protected speechrdquo)
Dennis v Putnam County Bd of Educ 260 Fed Appx 171 3 (11th Cir 2007) (statements regarding budget to county commissioner made pursuant to duties as school districtrsquos fiscal officer were not protected)
Vila v Padron 484 F3d 1334 1340 (11th Cir 2007) (No claim for retaliation under the First Amendment for the Vice President of External Affairs who held a policy making position and objected to certain improprieties in the community collegersquos financial dealings)
Abdur-Raham v Walker 2008 US Dist LEXIS 25349 20 (ND Ga 2008) (No First Amendment retaliation claim permitted when employees learned of the problems while performing their job responsibilities)
Miller v Houston Co Bd of Educ 2008 US Dist LEXIS 19394 36 (MD Ala 2008) (No First Amendment retaliation claim when student teacher made complaints about IEPs pursuant to her official duties)
- First Amendment Issues Part 1
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- Overview
- Pop Quiz
- First Amendment
- Translation
- Starting Point For Free Speech Garcetti v Ceballos
- Garcetti Continued
- Background on Garcetti
- Problem With First Amendment
- Three Categories of Speech
- Slide 13
- What is NOT a matter of public concern generally
- Examples
-
Three Categories of Speechbull Speech as an Employee ndash Not protected ldquoWhen public
employees make statements pursuant to their official duties the employees are not speaking as citizens for First Amendment purposes rdquo
bull Speech on Matters that are NOT of public concern ndash Not Protected ldquoIf a school employee does not speak on a matter of public concern The employee has no First Amendment cause of action ldquo
bull Speech as a citizen on matters of public concern ndash Sometimes Protected If the employee ldquospeaks as a citizen on a matter of public concernrdquo then there is the possibility of a First Amendment claim The employer must show that it had an adequate justification for treating the employee differently from any other employee
SO WHEN IS AN EMPLOYEE NOT A PRIVATE CITIZEN
WHAT IS A MATTER OF PUBLIC CONCERN
What is NOT a matter of public concern generally
bull Look at job duties and context of speech
bull Speech related to performance of employeersquos job duties eg internal office disputes
bull Classroom speech no academic freedom and no right to stray from curriculum Most courts rule that teachers do not have the right to trump mandated curriculum eg no right to show R rated movie
ExamplesGreen v Barrett 2007 US App LEXIS 62008 (11th Cir 2007) (No First Amendment
protection for testimony provided by Chief Jailer regarding jail conditions) Morris v Crow 142 F 3d 1379 1381 1382 (11th Cir 1998) (ldquoThe mere fact that Morrisrsquo
statements were made in the context of a civil deposition cannot transform them into constitutionally protected speechrdquo)
Dennis v Putnam County Bd of Educ 260 Fed Appx 171 3 (11th Cir 2007) (statements regarding budget to county commissioner made pursuant to duties as school districtrsquos fiscal officer were not protected)
Vila v Padron 484 F3d 1334 1340 (11th Cir 2007) (No claim for retaliation under the First Amendment for the Vice President of External Affairs who held a policy making position and objected to certain improprieties in the community collegersquos financial dealings)
Abdur-Raham v Walker 2008 US Dist LEXIS 25349 20 (ND Ga 2008) (No First Amendment retaliation claim permitted when employees learned of the problems while performing their job responsibilities)
Miller v Houston Co Bd of Educ 2008 US Dist LEXIS 19394 36 (MD Ala 2008) (No First Amendment retaliation claim when student teacher made complaints about IEPs pursuant to her official duties)
- First Amendment Issues Part 1
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- Overview
- Pop Quiz
- First Amendment
- Translation
- Starting Point For Free Speech Garcetti v Ceballos
- Garcetti Continued
- Background on Garcetti
- Problem With First Amendment
- Three Categories of Speech
- Slide 13
- What is NOT a matter of public concern generally
- Examples
-
SO WHEN IS AN EMPLOYEE NOT A PRIVATE CITIZEN
WHAT IS A MATTER OF PUBLIC CONCERN
What is NOT a matter of public concern generally
bull Look at job duties and context of speech
bull Speech related to performance of employeersquos job duties eg internal office disputes
bull Classroom speech no academic freedom and no right to stray from curriculum Most courts rule that teachers do not have the right to trump mandated curriculum eg no right to show R rated movie
ExamplesGreen v Barrett 2007 US App LEXIS 62008 (11th Cir 2007) (No First Amendment
protection for testimony provided by Chief Jailer regarding jail conditions) Morris v Crow 142 F 3d 1379 1381 1382 (11th Cir 1998) (ldquoThe mere fact that Morrisrsquo
statements were made in the context of a civil deposition cannot transform them into constitutionally protected speechrdquo)
Dennis v Putnam County Bd of Educ 260 Fed Appx 171 3 (11th Cir 2007) (statements regarding budget to county commissioner made pursuant to duties as school districtrsquos fiscal officer were not protected)
Vila v Padron 484 F3d 1334 1340 (11th Cir 2007) (No claim for retaliation under the First Amendment for the Vice President of External Affairs who held a policy making position and objected to certain improprieties in the community collegersquos financial dealings)
Abdur-Raham v Walker 2008 US Dist LEXIS 25349 20 (ND Ga 2008) (No First Amendment retaliation claim permitted when employees learned of the problems while performing their job responsibilities)
Miller v Houston Co Bd of Educ 2008 US Dist LEXIS 19394 36 (MD Ala 2008) (No First Amendment retaliation claim when student teacher made complaints about IEPs pursuant to her official duties)
- First Amendment Issues Part 1
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- Overview
- Pop Quiz
- First Amendment
- Translation
- Starting Point For Free Speech Garcetti v Ceballos
- Garcetti Continued
- Background on Garcetti
- Problem With First Amendment
- Three Categories of Speech
- Slide 13
- What is NOT a matter of public concern generally
- Examples
-
What is NOT a matter of public concern generally
bull Look at job duties and context of speech
bull Speech related to performance of employeersquos job duties eg internal office disputes
bull Classroom speech no academic freedom and no right to stray from curriculum Most courts rule that teachers do not have the right to trump mandated curriculum eg no right to show R rated movie
ExamplesGreen v Barrett 2007 US App LEXIS 62008 (11th Cir 2007) (No First Amendment
protection for testimony provided by Chief Jailer regarding jail conditions) Morris v Crow 142 F 3d 1379 1381 1382 (11th Cir 1998) (ldquoThe mere fact that Morrisrsquo
statements were made in the context of a civil deposition cannot transform them into constitutionally protected speechrdquo)
Dennis v Putnam County Bd of Educ 260 Fed Appx 171 3 (11th Cir 2007) (statements regarding budget to county commissioner made pursuant to duties as school districtrsquos fiscal officer were not protected)
Vila v Padron 484 F3d 1334 1340 (11th Cir 2007) (No claim for retaliation under the First Amendment for the Vice President of External Affairs who held a policy making position and objected to certain improprieties in the community collegersquos financial dealings)
Abdur-Raham v Walker 2008 US Dist LEXIS 25349 20 (ND Ga 2008) (No First Amendment retaliation claim permitted when employees learned of the problems while performing their job responsibilities)
Miller v Houston Co Bd of Educ 2008 US Dist LEXIS 19394 36 (MD Ala 2008) (No First Amendment retaliation claim when student teacher made complaints about IEPs pursuant to her official duties)
- First Amendment Issues Part 1
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- Overview
- Pop Quiz
- First Amendment
- Translation
- Starting Point For Free Speech Garcetti v Ceballos
- Garcetti Continued
- Background on Garcetti
- Problem With First Amendment
- Three Categories of Speech
- Slide 13
- What is NOT a matter of public concern generally
- Examples
-
ExamplesGreen v Barrett 2007 US App LEXIS 62008 (11th Cir 2007) (No First Amendment
protection for testimony provided by Chief Jailer regarding jail conditions) Morris v Crow 142 F 3d 1379 1381 1382 (11th Cir 1998) (ldquoThe mere fact that Morrisrsquo
statements were made in the context of a civil deposition cannot transform them into constitutionally protected speechrdquo)
Dennis v Putnam County Bd of Educ 260 Fed Appx 171 3 (11th Cir 2007) (statements regarding budget to county commissioner made pursuant to duties as school districtrsquos fiscal officer were not protected)
Vila v Padron 484 F3d 1334 1340 (11th Cir 2007) (No claim for retaliation under the First Amendment for the Vice President of External Affairs who held a policy making position and objected to certain improprieties in the community collegersquos financial dealings)
Abdur-Raham v Walker 2008 US Dist LEXIS 25349 20 (ND Ga 2008) (No First Amendment retaliation claim permitted when employees learned of the problems while performing their job responsibilities)
Miller v Houston Co Bd of Educ 2008 US Dist LEXIS 19394 36 (MD Ala 2008) (No First Amendment retaliation claim when student teacher made complaints about IEPs pursuant to her official duties)
- First Amendment Issues Part 1
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- What Can School Officials Say And Do 1st Amendment Issues In Schools
- Overview
- Pop Quiz
- First Amendment
- Translation
- Starting Point For Free Speech Garcetti v Ceballos
- Garcetti Continued
- Background on Garcetti
- Problem With First Amendment
- Three Categories of Speech
- Slide 13
- What is NOT a matter of public concern generally
- Examples
-