Does discipline imposed on a public employee infringe free speech?

California, United States of America


The following excerpt is from Department of Corrections v. State Personnel Bd. (Wallace), 59 Cal.App.4th 131, 69 Cal.Rptr.2d 34 (Cal. App. 1997):

The discipline imposed on a public employee may not infringe constitutionally protected free speech. (Rankin v. McPherson (1987) 483 U.S. 378, 383, 107 S.Ct. 2891, 2896, 97 L.Ed.2d 315, 324.) This does not mean public employees have an unlimited

Page 38

At the threshold, the inquiry is whether the speech which invites the discipline may fairly be characterized as involving a matter of public concern. (Connick v. Myers, supra, 461 U.S. at p. 146, 103 S.Ct. at p. 1689, 75 L.Ed.2d at p. 719.) This must be determined "by the content, form, and context of a given statement, as revealed by the whole record." (Id. at pp. 147-148, 103 S.Ct. at p. 1690, 75 L.Ed.2d at p. 720.)

Other Questions


What is the current state law governing a public employee's challenge to the degree of punishment imposed by a public agency due to employee misconduct? (California, United States of America)
What is the test for bringing a claim against a public employee or former public employee? (California, United States of America)
Does an employee's employee handbook say all employees must sign an arbitration agreement? (California, United States of America)
When an employer and employee are separately represented by an attorney representing the employee, what is the value of the employee's attorney's services? (California, United States of America)
Is a public entity or a public employee liable under government code section 830.30.6 for injuries sustained by a person who was injured in a motor vehicle accident as a result of injuries sustained while driving under a traffic light? (California, United States of America)
Does a public employee have a right to respond in writing to a discipline action? (California, United States of America)
Can a public entity or public employee be held liable for failing to post a warning sign? (California, United States of America)
When a judgment is insufficient to provide residual proceeds to an employee's attorney, does the employee have to pay fees to the employee's lawyer? (California, United States of America)
Is it a crime for anyone to engage in a lewd act in any public place open to the public or exposed to public view? (California, United States of America)
Is discipline imposed on city employees a violation of a fundamental right in employment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.