Garcetti v. Ceballos
E666870
Garcetti v. Ceballos is a 2006 U.S. Supreme Court decision holding that public employees do not have First Amendment protection for speech made pursuant to their official job duties.
Statements (49)
| Predicate | Object |
|---|---|
| instanceOf |
United States Supreme Court case
ⓘ
public employment law case ⓘ |
| appliesTo |
government employers
ⓘ
public employees ⓘ |
| areaOfLaw |
constitutional law
ⓘ
labor and employment law ⓘ |
| arguedDate | 2005-10-12 ⓘ |
| citation |
126 S. Ct. 1951
ⓘ
164 L. Ed. 2d 689 ⓘ 547 U.S. 410 ⓘ |
| clarifiesTest | Pickering balancing test NERFINISHED ⓘ |
| concurrenceBy | David H. Souter NERFINISHED ⓘ |
| constitutionalProvisionInterpreted | First Amendment to the United States Constitution NERFINISHED ⓘ |
| country |
United States of America
ⓘ
surface form:
United States
|
| court | Supreme Court of the United States ⓘ |
| decisionDate | 2006-05-30 ⓘ |
| dissentingOpinionBy |
David H. Souter
NERFINISHED
ⓘ
John Paul Stevens NERFINISHED ⓘ Ruth Bader Ginsburg NERFINISHED ⓘ Stephen G. Breyer NERFINISHED ⓘ |
| docketNumber | 04-473 ⓘ |
| factPattern | Deputy district attorney claimed retaliation after writing a memorandum recommending dismissal of a criminal case due to alleged governmental misconduct ⓘ |
| holding |
The Constitution does not insulate communications made pursuant to official job responsibilities from employer discipline.
NERFINISHED
ⓘ
When public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes. ⓘ |
| impact | narrowed First Amendment protections for public employees ⓘ |
| joinedByInMajority |
Antonin Scalia
NERFINISHED
ⓘ
Clarence Thomas NERFINISHED ⓘ Samuel A. Alito Jr. NERFINISHED ⓘ William H. Rehnquist NERFINISHED ⓘ |
| jurisdiction |
United States of America
ⓘ
surface form:
United States
|
| legalIssue |
First Amendment free speech rights of public employees
ⓘ
scope of constitutional protection for speech made pursuant to official duties ⓘ |
| majorityOpinionBy | Anthony M. Kennedy NERFINISHED ⓘ |
| originatingCourt | United States Court of Appeals for the Ninth Circuit NERFINISHED ⓘ |
| overrulesOrLimits | Pickering v. Board of Education (as to application to speech pursuant to official duties) NERFINISHED ⓘ |
| petitioner | Gil Garcetti NERFINISHED ⓘ |
| rearguedDate | 2006-03-21 ⓘ |
| relatedConcept |
citizen speech
ⓘ
government employer retaliation ⓘ official duties ⓘ public concern test ⓘ |
| respondent | Richard Ceballos NERFINISHED ⓘ |
| result | judgment of the Ninth Circuit Court of Appeals reversed ⓘ |
| subjectMatter |
public employee speech
ⓘ
whistleblowing by government employees ⓘ |
| subsequentCitationIn |
Borough of Duryea v. Guarnieri
NERFINISHED
ⓘ
Lane v. Franks NERFINISHED ⓘ Weintraub v. Board of Education NERFINISHED ⓘ |
| termOfCourt | October Term 2005 ⓘ |
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.