Faculty Scholarship 1994 - Present

City of SanDiego v. Roe - Or How a San Diego Police Officer's Videotaped Striptease & Masturbation Led to the Restoration of the 2-Step Pickering/Connick Test in Gov't Workers' Freedom of Expression

In its recent, per curiam decision in City of San Diego v. Roe, the U.S. Supreme Court revisited the constitutionality of restrictions imposed on the First Amendment rights of public sector employees, and clarified the test that is employed to balance the rights of the government worker to engage in speech concerning matters of public concern, and the obligation of the government as employer to promote efficiency in the performance of public services. In doing so, the Court appears to have both narrowed the scope of matters of public concern and broadened the nexus between the proffered speech and the government workplace, thereby significantly strengthening the hands of government agencies in restricting the speech of their employees.