Education A Washington Roundup

Supreme Court Rehears Case on Worker Speech

By Andrew Trotter — March 28, 2006 1 min read
  • Save to favorites
  • Print

A case potentially affecting legal protections for employees of public schools and other government entities when they speak in the course of doing their jobs had a rare rehearing before the U.S. Supreme Court last week.

The high court first heard arguments in Garcetti v. Ceballos (Case No. 04-473) on Oct. 12. (“Court Mulls Protection for Public-Employee Speech,” Oct. 19, 2005.)

The March 21 reargument stemmed fromJustice Samuel A. Alito Jr.’s replacement of retired Justice Sandra Day O’Connor in January and suggests that the justices were closely divided on the case. Justice Alito may now hold the tie-breaking vote.

The case hinges on whether the First Amendment protects a Los Angeles County prosecutor who told his supervisors about alleged wrongdoing in a criminal investigation and was subsequently disciplined. Supreme Court precedents give free-speech protections to government workers who speak as citizens on issues of public concern, but it is unclear whether such protections apply to employees, including whistleblowers, who speak up in the workplace while performing their jobs.

“What about the case when the [employer’s] objection is to a manner of speech,” such as when the employee is “ham-handed,” Justice Alito asked the lawyer representing the employee.

Justice Alito joined Justice Antonin Scalia and Chief Justice John G. Roberts Jr. in exploring whether speech protections would undermine the ability of government agencies to manage their employees. The case is expected to be decided by July.

Related Tags:

A version of this article appeared in the March 29, 2006 edition of Education Week

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Portrait of a Learner: From Vision to Districtwide Practice
Learn how one district turned Portrait of a Learner into an aligned, systemwide practice that sticks.
Content provided by Otus

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Education Quiz How Does Social Media Really Affect Kids? Take This Weekly Quiz
Test your knowledge on the latest news and trends in education.
1 min read
Education Quiz How Many Teachers Used AI for Teaching? Take This Weekly Quiz
Test your knowledge on the latest news and trends in education.
1 min read
Education Quiz How Much Do You Know About Teacher Pay Experiments? Take the Weekly Quiz
Test your knowledge on the latest news and trends in education.
1 min read
Education Quiz From Shutdown to ICE Arrests—Test Your K-12 News Smarts This Week
Test your knowledge on the latest news and trends in education.
1 min read