Supreme Court of Connecticut

Trusz v. UBS Realty Investors, LLC

October 13, 2015

Summary

The court answered no to the certified question whether the federal rule excluding official-duty speech from First Amendment protection applies to claims under Connecticut's constitutional free-speech provisions. It held that a modified Pickering/Connick balancing test governs official-duty speech by public employees under the state constitution and that General Statutes § 31-51q extends the same protection to comparable speech by private employees. The court articulated the governing standards but did not decide whether the plaintiff's particular speech was protected.