Supreme Court decisions regarding termination for content of speech

Pickering v. Board of Education (1968) - Teacher criticizing school officials

- Facts: A high school teacher wrote a letter to the local newspaper criticizing the school board’s budget decisions.

- Result: The Supreme Court said the firing was unconstitutional. The teacher was speaking as a private citizen on a matter of public concern.

- Key Point: Criticism of government officials is usually protected, unless it seriously disrupts the workplace.

Rankin v. McPherson (1987) - Clerk criticizing the President

- Facts: A county employee (a clerical worker) said after hearing of an attempt on President Reagan’s life: “If they go for him again, I hope they get him.”

- Result: The Supreme Court ruled her firing was unconstitutional. Her statement was made privately, did not disrupt the workplace, and was about a public official.

- Key Point: Even harsh, offensive comments about public figures can be protected if they don’t harm the agency’s function.

Garcetti v. Ceballos (2006) - Prosecutor criticizing within his job

- Facts: A deputy district attorney criticized his office’s handling of a warrant, claiming misconduct. He was disciplined.

- Result: The Supreme Court upheld the discipline because he spoke as part of his official job duties, not as a private citizen.

- Key Point: If the criticism is made in the course of work, the First Amendment does not apply.

Graziosi v. City of Greenville (2015, 5th Cir.) - Police officer criticizing the mayor

- Facts: A police sergeant posted on Facebook criticizing the mayor for not funding officers’ attendance at a funeral.

- Result: The court upheld her termination. Her comments undermined the chain of command and the department’s functioning.

- Key Point: Speech on public issues can still justify firing if it disrupts government operations.