Faculty Scholarship 1994 - Present

Ceballos v. Garcetti: Public Employees, Whistleblowing and the First Amendment

The Supreme Court of the United States will soon issue a significant decision in Ceballos v. Garcetti, which �will affect more than 20 million public employees,� �could have a lasting effect on First Amendment jurisprudence, and will affect the status of many would-be whistle blowers who would have to rely on statutory protections if First Amendment protections are removed.� The Ceballos decision will define the extent to which public employees are protected by the First Amendment when they engage in speech that is part of their regular job responsibilities, and will require the Court to revisit the Pickering-Connick test that is used to evaluate public employees� claims that their right to engage in protected speech has been violated.