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Garcetti Vs. Ceballos
Cites for this judgment
- US Supreme Court
- May 30, 2006
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Syllabus October Term, 2005 Garcetti V. CeballosSearch
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s allegations were protected under the First Amendment analysis in Pickering v. BoardSearch
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of Ed. of Township High School Dist. 205, Will Cty., 391 U. S. 563 , and Connick v. MyersSearch
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incidentally or intentionally, the liberties employees enjoy in their capacities as private citizens. See Perry v. SindermannSearch
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factor here is not that Ceballos expressed his views inside his office, rather than publicly, see, e.g. , Givhan v. WesternSearch
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reflects the exercise of employer control over what the employer itself has commissioned or created. Cf. Rosenberger v. RectorSearch
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dissenting opinion, in which Stevens and Ginsburg, JJ., joined. Breyer, J., filed a dissenting opinion. Garcetti v. CeballosSearch
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Opinion of the Court Garcetti V. CeballosSearch
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Supreme Court of the United States No. 04-473 Gil Garcetti, Et Al., Petitioners V. RichardSearch
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In reaching its conclusion the court looked to the First Amendment analysis set forth in Pickering v. BoardSearch
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United States v. TreasurySearch
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service, the citizen by necessity must accept certain limitations on his or her freedom. See, e.g. , Waters v. ChurchillSearch
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s more recent cases have expressed similar concerns. See, e.g. , San Diego v. RoeSearch
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Employees in some cases may receive First Amendment protection for expressions made at work. See, e.g. , Givhan v. WesternSearch
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reversed, and the case is remanded for proceedings consistent with this opinion. It is so ordered. Garcetti v. CeballosSearch
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Givhan v. WesternSearch
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See, e.g., Branton v. DallasSearch
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Miller v. JonesSearch
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Delgado v. JonesSearch
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Herts v. SmithSearch
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Kincade v. BlueSearch
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Fox v. DistrictSearch
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Souter, J., Dissenting Garcetti V. CeballosSearch
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importance lies at the heart of expression subject to protection by the First Amendment. See, e.g. , Schenck v. Pro-ChoiceSearch
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claim to constitutional protection against retaliatory response than the remarks of a private employee. See Connick v. MyersSearch
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public business to be justified by any individual or public benefit thought to flow from the statements. Pickering v. BoardSearch
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proper approach when an employee speaks critically about the administration of his own government employer. In Givhan v. WesternSearch
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and the same point was clear in Madison Joint School Dist. No. 8 v. WisconsinSearch
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Givhan stands for the same conclusion even when the speech is not addressed to the public at large. Cf. Pegram v. HerdrichSearch
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or Bivens v. SixSearch
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thus be differentiated as a matter of law from the personal statements the First Amendment protects, see Broadrick v. OklahomaSearch
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U. S. 601 , 610 (1973). The majority invokes the interpretation set out in Rosenberger v. RectorSearch
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and Visitors of Univ. of Va., 515 U. S. 819 (1995), of Rust v. SullivanSearch
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working for the government, after all, is hired to speak from a government manifesto. See Legal Services Corporation v. VelazquezSearch
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See Grutter v. BollingerSearch
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Keyishian v. BoardSearch
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quoting Shelton v. TuckerSearch
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Sweezy v. NewSearch
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Wabaunsee Cty. v. UmbehrSearch
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that the person criticized was not acting in good faith and in compliance with the law, see Lachance v. WhiteSearch
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And federal employees have been held to have no protection for disclosures made to immediate supervisors, see Willis v. DepartmentSearch
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Pickering v. BoardSearch
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and Connick v. MyersSearch
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See Perry v. SindermannSearch
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