Chambers (Fall, 2011)
Hallmark Freedom of Expression Cases
Pickering v. Board of Education (1968)
Facts: Teacher wrote letter to newspaper on a new tax increase critical of the way the Board
raised money for schools
Held: Teachers have a First Amendment right to air their views on matters of public concern.
Judgment: Employee
Mt. Healthy City School District v. Doyle (1977)
Facts: Plaintiff active in teacher’s association. Engaged in heated argument with co-worker that
ended with him getting slapped. Persistently insisted on the punishment of that teacher. Both
suspended. Walk out ensued.
Held: If an employee proves that the expression was constitutionally protected, the adverse
employment decision is upheld if the employer can prove that the same decision would have
been made even if the protected expression had not occurred.
Judgment: Employer, grounds of disruption
Givhan v. Western Line Consolidated School District (1979)
Facts: Teacher filed a complaint along side a district desegregation case. Dismissed under the
rationale that she made “petty and unreasonable” demands to the principal in his office in a
“loud,” “hostile,” and “arrogant” fashion.
Held: As long as the expression pertains to matters of public concern (in contrast to personal
grievances), statements made in private or through a public medium are constitutionally
protected.
Judgment: Employee
Connick v. Myers (1983)
Facts: Myers dismissed for circulating a questionnaire about the office transfer policy, office
morale, the need for a grievance committee, appraisal of administration, and workplace pressure.
Held: Form, context, and content of the expression should be considered in assessing whether it
relates to public matters.
Judgment: Employer, even though a public agency, these were private employment concerns
Waters v. Churchill (1993)
Facts: Nurse fired for complaining about superiors to a nursing trainee.
Held: A governmental employer can reach its factual conclusions without being held to the
evidentiary rules followed by courts.
Judgment: Employer, grounds of disruption
Seemuller v. Fairfax County School Board (1989)
Facts: P.E. teacher submitted satirical letter to the editor in response to newspaper story on sex
discrimination in P.E.
Held: The letter to the newspaper was deemed to be a grievance rather than a public concern;
thus not First Amendment right was violated.
Judgment: Employer
Perry Education Association v. Perry Local Educators’ Association (1983)
Facts: Union previously given access to school mail privileges was revoked.
Held: A public school’s internal mail system is not a public forum for expression.
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Hallmark Freedom of Expression Cases
Judgment: Employer, union could no longer use school mail for distribution
Boring v. Buncombe County Board of Education (1999)
Facts: Teacher transferred for facilitating school play on controversial matters.
Held: With claims that a high school teacher’s First Amendment right to free expression was
violated, the court held that a teacher’s right to select a play for her class was a protectable form
of expression.
Judgment: Employee, academic freedom
Garcetti v. Ceballos (2006)
Facts: An employee in the D.A.’s office found false information in an affidavit used to issue a
warrant. D.A. was notified and did nothing. Employee then cooperated with the defense and was
fired.
Held: Speech by a public official in the course of work duties is not protected – only speech as a
private citizen
Judgment: Employer, right to evaluate employees
The Influence of Garcetti in Subsequent Lower Court Decisions
Citing References:
Cautionary
Analyses:
Criticized (2), Distinguished (122)
Positive Analyses:
Followed (723), Concurring Opinion (8)
Neutral Analyses:
Dissenting Op. (20), Explained (72), Harmonized (9),
Quest. Precedent (1)
Other Sources:
Law Reviews (436), Statutes (2), Treatises (50), Other
Citations (5), Court Documents (1606)
Scholarly Articles Interpreting Garcetti v. Ceballos in Academe
 Note 457 Law Review Articles on the case, 80 specific to higher education
Copyright (c) 2009 Georgetown Law Journal Georgetown Law Journal, April, 2009, 97 Geo.
L.J. 945, 26856 words, ARTICLE: Government as Educator: A New Understanding of First
Amendment Protection of Academic Freedom and Governance, JUDITH AREEN *
2.Copyright (c) 2009 The Catholic University Law Review Catholic University Law
Review, Fall, 2009, 59 Cath. U.L. Rev. 125, 28641 words, ARTICLE: SPEAK NO EVIL:
ACADEMIC FREEDOM AND THE APPLICATION OF GARCETTI V. CEBALLOS TO
PUBLIC UNIVERSITY FACULTY, Robert J. Tepper + & Craig G. White *
3.Copyright (c)
2010 Minnesota Law Review Foundation Minnesota Law Review, April, 2010, 94 Minn. L. Rev.
1202, 18310 words, Note: Reconciling the Public Employee Speech Doctrine and Academic
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Hallmark Freedom of Expression Cases
Speech After Garcetti v. Ceballos, Darryn Cathryn Beckstrom*
4.Copyright (c) 2008 North
Carolina Law Review Association First Amendment Law Review, Fall, 2008, 7 First Amend. L.
Rev. 54, 6722 words, SYMPOSIUM: PUBLIC CITIZENS, PUBLIC SERVANTS: FREE
SPEECH IN THE POST-GARCETTI WORKPLACE: ARTICLE: ACADEMIC FREEDOM
AND THE POST-GARCETTI BLUES, Sheldon Nahmod*
5.Copyright (c) 2008 Taylor &
Francis Group, LLC Communication Law and Policy, Summer, 2008, 13 Comm. L. & Pol'y
321, 33379 words, ARTICLE: FIRST AMENDMENT SHOWDOWN: INTELLECTUAL
DIVERSITY MANDATES AND THE ACADEMIC MARKETPLACE, NANCY J.
WHITMORE *
6.Copyright (c) 2011 George Mason University Civil Rights Law Journal
Association George Mason University Civil Rights Law Journal, Spring, 2011, 21 Geo. Mason
U. Civ. Rts. L.J. 259, 21064 words, ARTICLE: The Ivory Tower Under Siege: A Constitutional
Basis for Academic Freedom, Matthew Reid Krell*
7.Copyright (c) 2008 University of
Cincinnati University of Cincinnati Law Review, Summer, 2008, 76 U. Cin. L. Rev. 1281, 32422
words, ARTICLE: CITIZEN TEACHER: DAMNED IF YOU DO, DAMNED IF YOU
DON'T, Susan P. Stuart*
8. Copyright (c) 2007 Loyola University New Orleans College of
Law Loyola Law Review, Summer, 2007, 53 Loy. L. Rev. 165, 4251 words, THE ASSAULT
ON ACADEMIC FREEDOM IN THE ACADEMY: EXPLORING THE
INTERSECTIONALITIES OF RACE, RELIGION, AND GENDER IN HIGHER
EDUCATION: LINKING PROFESSIONAL ACADEMIC FREEDOM, FREE SPEECH, AND
RACIAL AND GENDER EQUALITY*, Risa L. Lieberwitz**
9.Copyright (c) 2009 Albany
Law School Albany Law Review, 2009, 72 Alb. L. Rev. 565, 16544 words, COMMENT: A
"GREAT" DAY FOR ACADEMIC FREEDOM: THE THREAT POSED TO ACADEMIC
FREEDOM BY THE SUPREME COURT'S DECISION IN GARCETTI V.
CEBALLOS, Robert S. Rosborough IV*
10.Copyright (c) 2011 School of Law, Santa Clara
University Santa Clara Law Review, 2011, 51 Santa Clara L. Rev. 217, 19345 words, ARTICLE:
MEASURING A "DEGREE OF DEFERENCE": INSTITUTIONAL ACADEMIC FREEDOM
IN A POST-GRUTTER WORLD, Erica Goldberg* and Kelly Sarabyn**
Academic Freedom, the First Amendment and Competing Stakeholders: The Dynamics of a
Changing Balance
James D. Jorgensen
Lelia B. Helms
The Review of Higher Education, Volume 32, Number 1, Fall 2008, pp. 1-24
Threat Level
Michael Bérubé
Pedagogy, Volume 10, Issue 1, Winter 2010, pp. 95-105
Defending Academic Freedom in the Age of GarcettiFull Text Available . By: DelFattore, Joan.
Academe, v97 n1 p18-21 Jan-Feb 2011.
Professors' Freedoms under Assault in the Courts
Author(s):
Schmidt, Peter
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Hallmark Freedom of Expression Cases
Source:
Chronicle of Higher Education, v55 n25 pA1 Feb 2009. 1 pp.
(contains list of cases specific to higher education pre & post Garcetti)
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