U.S. Supreme Court: Public Employers May Control Workers’ Speech

A recent U.S. Supreme Court decision, involving the Los Angeles District Attorney’s office, upheld the right of public employers, including school districts, to control employees’ work-related speech.

The May 30 ruling overturned a lower court decision in Garcetti v. Ceballos. The National School Boards Association joined the appeal as amicus, in the belief that an adverse decision could affect school districts’ ability to govern curriculum and classroom operations.

“The Supreme Court recognized the business or operational realities facing public employers, and dismissed the argument that public employers are different simply because they are government agencies,” said Francisco Negron, NSBA general counsel.

Public Interest “It is extremely important that school boards retain their longstanding discretion over classroom speech that is directed to impressionable students,” commented Anne L. Bryant, NSBA executive director.

NJSBA supported the court’s decision.

“Public school districts need to retain final say over what is appropriate in a classroom,” said Edwina M. Lee, NJSBA executive director.

The case involved an assistant prosecutor, who gave a defense attorney a memo he wrote criticizing the issuance of a search warrant. The assistant prosecutor was demoted. The employee later challenged the action, claiming retaliation for exercising his First Amendment rights to free speech by sharing the memo.