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Garcetti & its aftermath: case analyses

Garcettized! '06 ruling still zapping speech
By David L. Hudson Jr. Since Garcetti v. Ceballos, public employees wishing to speak out on public matters have had to think twice.   01.15.10

Group warns of threats to academic freedom, faculty speech
By David L. Hudson Jr. Academics' organization launches awareness campaign, issues report about perils of Supreme Court decision in Garcetti.   11.12.09

Couple's retaliation claims fail to gain traction with 2nd Circuit
By David L. Hudson Jr. Jail guard's act of reporting inmate abuse deemed unprotected, job-related speech under Garcetti.   10.09.09

School employee’s retaliation claim survives Garcetti
By David L. Hudson Jr. Federal judge refuses to dismiss lawsuit, saying social worker's contacts with police, newspaper were not official job-duty speech.   09.07.09

8th Circuit rejects Neb. school worker's retaliation claim
Panel says public employees who make statements about a public concern as part of their job duties aren't exercising free speech.   08.17.09

Full 5th Circuit to review ruling in Texas open-meetings case
Several attorneys general had asked court to reconsider panel's decision, saying it could cripple similar laws in their states.   07.30.09

Minn. appeals court rejects ex-state worker's retaliation claim
By David L. Hudson Jr. Upholding lower court decision, judges find Douglas Crosby failed to show connection between his speech and any adverse actions on his job.   06.18.09

Tracking the effects of Garcetti ruling
New collection analyzes lower court rulings in wake of Supreme Court's public-employee speech decision in Garcetti v. Ceballos.   06.15.09

Ex-police officer’s free-speech claim falls victim to Garcetti
By David L. Hudson Jr. Supreme Court ruling invoked in decision against former New Jersey officer who raised concerns about fraud in a police-radio purchase.   06.07.09

11th Circuit panel divides over application of Garcetti
By David L. Hudson Jr. Majority rejects retaliation claim brought by former sewer inspectors; dissenting judge says workers were speaking as concerned citizens.   06.03.09

5th Circuit: Garcetti doesn't apply to elected officials' speech
By David L. Hudson Jr. Court sends case challenging Texas' open-meetings law back to district court for pre-Garcetti First Amendment analysis.   05.06.09

Pro-whistleblower concurrence strikes blow to Garcetti
By Douglas Lee Though he barely mentions case, 4th Circuit judge makes clear that 2006 high court ruling rests far more on policy preference for obedient employees than it does on First Amendment principles.   04.14.09

Federal judge: Fire chief's comments to press weren't protected
By David L. Hudson Jr. Court found Charles D. Foley Jr.'s remarks at fire scene were job-related within scope of high court ruling on public-employee speech.   04.08.09

Court finds you can be fired for doing your duty
By David L. Hudson Jr. In another post-Garcetti ruling, judge agrees that police officer must report alleged misconduct but that speech isn't necessarily protected.   12.12.08

11th Circuit tosses Fla. man's retaliation suit
By David L. Hudson Jr. Three-judge panel rejects fired Ormond Beach worker's claim that he was speaking more as a citizen than public employee when he sent critical e-mail.   12.04.08

10th Circuit rejects county worker's free-speech appeal
Oklahoma road foreman sued after he was demoted by new county commissioner whom he had opposed politically.   12.01.08

Study abroad in Cuba flunks court test
By Douglas Lee Teachable moment passes as D.C. Circuit judges fail to agree on meaning of academic freedom.   11.11.08

9th Circuit reinstates former school worker's retaliation claim
By David L. Hudson Jr. Split in federal appeals courts over how to interpret Garcetti may prompt high court to re-examine public-employee speech.   11.05.08

7th Circuit: High court ruling chills protections for ex-cop's speech
By David L. Hudson Jr. Appeals court's decision to reverse jury's verdict shows reach of Garcetti.   06.25.08

5th Circuit reinstates Miss. jailers' job-retaliation lawsuit
By David L. Hudson Jr. Decision could affect other cases involving when employee speech is made as part of official job duties, how such determinations are made.   05.14.08

Teachers’ private postings may make waves in school
By Gene Policinski Freedom to express ourselves doesn't necessarily mean there won't be consequences.   05.04.08

3rd Circuit upholds damages for fired public employee
By David L. Hudson Jr. Post-Garcetti ruling in retaliation case could prove to be valuable precedent for other government workers.   04.19.08

Ex-professor can't sue Del. State University
Wendell Gorum had claimed he was fired in retaliation for exercising his free speech, but federal judge rules he had no First Amendment claim because he was acting as public employee.   02.18.08

N.H. high court backs fired city assessor
Justices rule Claremont violated Steven Snelling's rights when it dismissed him in part because of comments he made in newspaper article.   07.23.07

7th Circuit overturns damages for Wis. whistleblowers
Jury had awarded two Milwaukee police officers $170,000 who contended they were demoted after sparking investigation into police officials.   07.18.07

Garcetti strikes again: Ill. officer loses retaliation suit
By David L. Hudson Jr. 7th Circuit rejects police investigator's First Amendment claim, ruling he spoke more as employee than as citizen when he made allegations of possible corruption.   06.01.07

Garcetti's palpable effect on public-employee speech
By David L. Hudson Jr. Supreme Court's ruling successfully invoked as agencies defend against critics from within.   05.29.07

Cosmetology teacher's speech claims don't wash with 7th Circuit
By Melanie Bengtson Unanimous three-judge panel finds colleges can limit instructor's classroom comments if they're unrelated to course material.   09.30.06

Del. troopers' $2 million retaliation victory thrown out
Federal judge finds jury verdict could not stand in light of U.S. Supreme Court's recent public-employee ruling in Garcetti v. Ceballos.   08.15.06

Head-scratching follows Garcetti ruling
By Tony Mauro Will government employees now go public with complaints, rather than to supervisors?   05.31.06

Public employee speech

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