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.

All labels observed (1)

Label Occurrences
Garcetti v. Ceballos canonical 4

How this entity was disambiguated

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
concurrenceBy David H. Souter
constitutionalProvisionInterpreted First Amendment to the United States Constitution
country United States
court Supreme Court of the United States
decisionDate 2006-05-30
dissentingOpinionBy David H. Souter
John Paul Stevens
Ruth Bader Ginsburg
Stephen G. Breyer
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.
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
Clarence Thomas
Samuel A. Alito Jr.
William H. Rehnquist
jurisdiction 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
originatingCourt United States Court of Appeals for the Ninth Circuit
overrulesOrLimits Pickering v. Board of Education (as to application to speech pursuant to official duties)
petitioner Gil Garcetti
rearguedDate 2006-03-21
relatedConcept citizen speech
government employer retaliation
official duties
public concern test
respondent Richard Ceballos
result judgment of the Ninth Circuit Court of Appeals reversed
subjectMatter public employee speech
whistleblowing by government employees
subsequentCitationIn Borough of Duryea v. Guarnieri
Lane v. Franks
Weintraub v. Board of Education
termOfCourt October Term 2005

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Referenced by (4)

Full triples — surface form annotated when it differs from this entity's canonical label.

Borough of Duryea v. Guarnieri relatedCase Garcetti v. Ceballos
Pickering v. Board of Education citedBy Garcetti v. Ceballos
Pickering balancing test relatedDoctrine Garcetti v. Ceballos
Connick v. Myers relatedCase Garcetti v. Ceballos