Supreme Court of the United States

Garcetti v. Ceballos

May 30, 2006547 U.S. 410

Summary

Justice Breyer dissents from the Court’s holding that public employees who speak pursuant to their official duties are not protected by the First Amendment. He argues that when the employee’s speech concerns matters of public importance and is made in the ordinary course of duties, especially where professional or constitutional obligations exist, the Pickering balancing test should apply. Accordingly, he would find the employee’s speech constitutionally protected.

Docket 04-473

Cited authorities

  • 106 Yale L.J. 151

Cited by