The U.S. Supreme Court ruled that an Alabama community college official was protected by the First Amendment in testifying in court about a public corruption scandal. It revived his case against the college who let him go in a cutting the budget but rescinded the dismissal of all but one other of the 29 employees terminated. (Courthouse News Service, June 19, 204, by Barbara Leonard)
The Court has recognized that government agencies have more sway over employer speech than it has over citizen speech, but has established a test for disciplinary actions. “Government retaliation against government employee speech violates the First Amendment if: 1. the speech is on a matter of public concern, and 2. the speech is not said by the employee as part of the employee’s job duties, Garcetti v. Ceballos, 547 U.S. 410 (2006), and 3. the damage caused by the speech to the efficiency of the government agency’s operation does not outweigh the value of the speech to the employee and the public (the so-called Pickering balance). Connick v. Myers (1983) (p. 567).” (The Volokh Conspiracy, June 19, 2014, by Eugene Volokh)
The First Amendment Coalition filed an amicus brief in the case written by First Amendment Lawyer Floyd Abrams. (FAC, March 13, 2014, by Peter Scheer)