U.S. Supreme Court Issues Unanimous Opinion Protecting Government Employee's Free Speech Rights
In a unanimous decision issued by the United States Supreme Court and written by Justice Sotomayor, the U.S. Supreme Court re-emphasized the importance of protecting government employees free speech rights. The Court, in Lane v. Franks, reversed the Eleventh Circuit's decision upholding summary judgment against Mr. Lane and held that Lane's sworn testimony outside the scope of his ordinary job duties was entitled to First Amendment protection because it consisted of speech as a citizen of public concern and the government had no legitimate interest in treating Lane differently because of his speech, in accordance with the Court's decision in Pickering v. Board of Ed. of Township High School Dist., 391 U. S. 563. Under Pickering, if speech is made in fulfilling an employee’s ordinary job duties, then the employee is not speaking as a citizen for First Amendment purposes. But if the “employee spoke as a citizen on a matter of public concern,” the inquiry turns to whethe...