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Garcetti v. Ceballos, 547 U.S. 410 (2006), is a U.S. Supreme Court decision involving First Amendment free speech protections for government employees. The plaintiff in the case was a district attorney who claimed that he had been passed up for a promotion for criticizing the legitimacy of a warrant.
The government is not permitted to fire an employee based on the employee's speech if three criteria are met: the speech addresses a matter of public concern; the speech is not made pursuant to the employee's job duties, but rather the speech is made in the employee's capacity as a citizen; [47] and the damage inflicted on the government by the ...
Pruneyard Shopping Center v. Robins, 447 U.S. 74 (1980), was a U.S. Supreme Court decision issued on June 9, 1980 which affirmed the decision of the California Supreme Court in a case that arose out of a free speech dispute between the Pruneyard Shopping Center in Campbell, California, and several local high school students (who wished to canvass signatures for a petition against United ...
Sullivan, [4] government-funded doctors in a government health program were not allowed to advise patients on obtaining abortions, and the doctors challenged this law on Free Speech grounds. [1] However, the Court held that because the program was government-funded, the doctors were, therefore, speaking on behalf of the government.
During colonial times, English speech regulations were rather restrictive.The English criminal common law of seditious libel made criticizing the government a crime. Lord Chief Justice John Holt, writing in 1704–1705, explained the rationale for the prohibition: "For it is very necessary for all governments that the people should have a good opinion of it."
This category includes court cases that deal with the Free Speech Clause of the First Amendment to the United States Constitution, providing that "Congress shall make no law . . . abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Robins, in which "free speech" rights beyond those addressed by the First Amendment to the United States Constitution were found in the California Constitution by the California courts. [3] One of California's most significant prohibitions is against "cruel or unusual punishment," a stronger prohibition than the U.S. Constitution's Eighth ...
(rights of speech and petition are "not identical"). Interpretation of the Petition Clause must be guided by the objectives and aspirations that underlie the right. A petition conveys the special concerns of its author to the government and, in its usual form, requests action by the government to address those concerns.