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Garcetti v. Ceballos

Docket No.: 04-473
Certiorari Granted: Feb 28 2005
Argued: October 12, 2005
Decided: May 30, 2006

Topics:

First Amendment, Miscellaneous

PartyNames: Gil Garcetti, et al. v. Richard Ceballos
Petitioner: Gil Garcetti, et al.
Respondent: Richard Ceballos

Court Below: United States Court of Appeals for the Ninth Circuit

Gil Garcetti, et al.
v.
Richard Ceballos
547 U.S. 410 (2006)
Question Presented:

1. Should a public employee's purely job-related speech, expressed strictly pursuant to the duties of employment, be cloaked with First Amendment protection simply because it touches on a matter of public concern, or should First Amendment protection also require the speech to be engaged in "as a citizen", in accordance with this Court's holdings in Pickering v. Board of Education, 391 U.S. 563 (1968) and Connick v. Myers, 461 U.S. 138 (1983)? 2. Is immediate review by this Court necessary to address the growing inter-circuit conflict on the question of whether a public employee's purely job-related speech is constitutionally protected, especially where the lack of uniformity dramatically impacts the ability of all public employers to effectively manage their respective agencies?

Question:

Should a public employee's purely job-related speech, expressed strictly pursuant to the duties of employment, be protected by the First Amendment simply because it touched on a matter of public concern, or must the speech also be engaged in "as a citizen?"

Note:

FOR REARGUMENT.

Holding: reversed and remanded
Vote: 5-4
Opinion By:
Read GARCETTI V. CEBALLOS opinion (PDF)

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Other Resources for Garcetti v. Ceballos:
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