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Garcetti v. Ceballos (Doc. #: 04-473) (2006)  [Findlaw]

Secondary Link Garcetti v. Ceballos  [Legal Information Institute]
Argument Date 03/21/2006
Decided 5/30/2006
Supreme Court Vote 5-4
Note The case, originally argued on 10/12/05, was set for reargument with Justice Alito participating in the new round of oral arguments. Possible reason: the Court was split 4-4 and Justice O'Connor's departure necessitated reargument.
Supreme Court Ruling First Amendment claim denied.
IssueDoes the First Amendment protect the speech of a deputy district attorney who wrote and circulated a memorandum suggesting that a deputy sheriff lied in a search warrant affidavit and in his subsequent testimony at court?
Case Summary & Additional Resources
Majority Opinion Kennedy, J.
Dissenting Opinion Souter, J. (joined by Stevens & Ginsberg) , & Stevens, J., & Breyer, J.
Certiorari Granted 02/28/2005
Lower Court 9th Circuit
Lower Court Ruling First Amendment claim sustained.
Oral Arguments Transcript (second argument, 3-21-06)
Transcript (first argument, 11-12-05)
Audio recording (Oyez)  [Oyez]
For Petitioner
Cindy Lee (for city of Glendale, Calif.)

For Respondent
Bonnie Robin-Vergeer

For Petitioner
Merits brief

Petitioner's Reply Brief

For Respondent
Merits Respondent's Brief

For Amicus
California State Association of Counties (supporting Petitioner)

Tony Mauro Analysis
"Head-scratching follows Garcetti ruling"

"Do-over: High court re-hears whistleblower case" (03/22/06)

"High court to enter employee speech debate" (03/01/05)

Opinion - Lower Court
Ceballos v. Garcetti (9th Cir. 2004)

AP, "High court agrees to hear whistleblower case" (2-28-05)

AP, "High court curbs whistleblower lawsuits" (5/30/06)

AP, "High court to rehear whistleblower case" (2-17-06)

AP, "Supreme Court hears whistleblower suit" (10-12-05)

Garrison, Jessica & Spano, John, "High Court Decision Could Hurt Misconduct Probes, Lawyer Says," LA Times (5/31/06)

Metropolitan News-Enterprise, "Ninth Circuit Revives Local Prosecutor’s Retaliation Lawsuit" (3-23-04)

Hudson, David, "3rd Circuit upholds damages for fired public employee"

Balkin, Jack "Ceballos-- The Court Creates Bad Information Policy" (Balkinization blog) (5/31/06)

Lederman, Marty, "Ceballos and Public Speech: Response to Roosevelt" (Balkinization blog) (06-01-06)

Lederman, Marty, "Do Public Employees Have Any First Amendment Rights to Complain About Wrongdoing?" (5/31/06)

Medill School of Journalism (overview)

Replies to Lederman et al (SCOTUS blog) (05-30-06)

Roosevelt, Kermit, "Who's Afraid of Ceballos?" (Balkinization blog) (5-31-06)

Smith, Ralph, "Supreme Court Makes It Easier to Discipline 'Whistleblowers'" (5/31/06)

Workplace Law Report, "Deputy DA's Allegation of Illegal Warrant Is Protected Speech, Ninth Circuit Rules" (03-26-04)

Barr, Stephen, "First Amendment Sometimes Left at Workplace Door," Wash. Post (6/1/06)

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