The majority's magical transformation of the motive for McPherson's statement into its content is as misguided as viewing a political assassination preceded by a harangue as nothing more than a strong denunciation of the victim's political views. [Footnote 4] After their discussion, Rankin fired McPherson. McPherson testified that the Secret Service did, in fact, come to her home: [ HAVEN’T FOUND ESSAY YOU WANT? Civ.Action No. The court upheld the discharge, but the Court of Appeals vacated and remanded, whereupon the District Court again ruled against respondent. He ruled against McPherson at the conclusion of the second hearing because "I don't think it is a matter of public concern to approve even more to [sic] the second attempt at assassination." .
JUSTICE MARSHALL delivered the opinion of the Court. This unfortunate remark was overheard by another. Connick, U.S., at 147 Ardith McPherson was a clerical employee in the Harris County, Texas constable's office. 94. The State bears a burden of justifying the discharge on legitimate grounds. I agree that, on these facts, McPherson's private speech is protected by the First Amendment. In 1981, upon hearing the news that there was an attempted assassination on President Reagan, she commented to a coworker that, ‘‘If …
It was stated that Rankin, as Constable, had a very understandable interest in preventing his employees from even sounding as though they advocated violent crimes in the office, and, as such, the dissenting Justices believed he had even greater weight in the balance. A public employer may not divorce a statement made by an employee from its context by requiring the employee to repeat the statement, and use that statement standing alone as the basis for a discharge. Held: Respondent's discharge violated her First Amendment right to freedom of expression. [483 In fact, the statement on which the majority relies for that proposition merely affirms that the Constable did not base his decision "on whether the work was interrupted or not.'" Pickering, supra, at 391 U. S. 568. A statement With him on the brief were William R. Richardson, Jr., Bruce V. Griffiths, Alvin J. Bronstein, and David B. Goldstein.
. [ [Footnote 12] The inappropriate or controversial character of a statement is irrelevant to the question whether it deals with a matter of public concern. [483 On March 30, 1981, McPherson and some fellow employees heard on an office radio that there had been an attempt to assassinate the President of the United States. In neither of its opinions in this case did the District Court make an explicit finding regarding which version of this conflicting testimony it found credible.
(1984) ("[I]n cases raising First Amendment issues we have repeatedly held that an appellate court has an obligation to `make an independent examination of the whole record' in order to make sure that `the judgment does not constitute a forbidden intrusion on the field of free expression,'" quoting New York Times Co. v. Sullivan, 11-13. The opinion of the Court was delivered by Justice Marshall delivered the opinion of the Court, and was joined by Justices Brennan, Blackmun, Powell and Stevens.
Upon hearing that report, McPherson engaged a co-worker, Lawrence Jackson, who was apparently her boyfriend, in a brief conversation, which according to McPherson's uncontroverted testimony went as follows: McPherson brought suit in the United States District Court for the Southern District of Texas under 42 U.S.C. 461 This type of speech enjoys broader protection than other types of speech under the First Amendment. Because McPherson's statement addressed a matter of public concern, Pickering next requires that we balance McPherson's interest in making her statement against "the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees."
I mean, conceivably you might fire her anyway. ", "QUESTION: I know. A WPD Internal Affairs investigation found Gilmore did not violate Wilmington police policies for Standard of Conduct, Criticism, and Use of Inappropriate Jokes and Slurs, while they found that two fellow officers involved in the recorded conversations did violate those policies. 119. 42-43. The issue in this case is whether a clerical employee in a county Constable's office was properly discharged for remarking, face considerable constitutional obstacles if it sought to criminalize the words that were uttered by McPherson on the day the President was shot"); see also Brief for United States as Amicus Curiae 8 ("[W]e do not think that respondent's remark could be criminalized"); cf. Agency for International Development v. Alliance for Open Society International, Inc. American Communications Association v. Douds, Tinker v. Des Moines Independent Community School District, United States v. Thirty-seven Photographs, United States v. 12 200-ft. Reels of Film, United States v. Playboy Entertainment Group, Ashcroft v. American Civil Liberties Union, American Booksellers Foundation for Free Expression v. Strickland, Brown v. Entertainment Merchants Association, Board of Regents of State Colleges v. Roth, Mt. v. McPHERSON No. Again, the Court of Appeals reversed. Justice Scalia filed a dissenting opinion, joined by Chief Justice Rehnquist and Justices White and O'Connor. [Footnote 1] At the time of her appointment, McPherson, a black woman, was 19 years old and had attended college for a year, studying secretarial science. 391 Arnett v. Kennedy, 416 U. S. 134, 416 U. S. 168 (1974) (POWELL, J., concurring in part and concurring in result in part) ("[T]he Government's interest in being able to act expeditiously to remove an unsatisfactory employee is substantial") (footnote omitted). The Court of Appeals overturned the District Court's opinion, remanding the case to determine an appropriate remedy. Held: Respondent's discharge violated her First Amendment right to freedom of expression. See also 736 F.2d 175, 177, and n. 3 (CA5 1984). (Jan. 21, 1985), p. 73. Footnote 9 Copyright © 2020, Thomson Reuters. I don't think it is a matter of public concern to approve even more to [sic] the second attempt at assassination.". During a conversation with another office worker, Lawrence Jackson, she remarked, "Shoot, if they go for him again, I hope they get him."
Id., at 180. Hoffman Estates v. The Flipside, Hoffman Estates, Inc. Walker v. Texas Division, Sons of Confederate Veterans, Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations, Central Hudson Gas & Electric Corp. v. Public Service Commission, Consol. The Court of Appeals rejected this conclusion, finding that "the life and death of the President are obviously matters of public concern." (1946) (footnote omitted). 483 U. S. 383-392. 394 The Court of Appeals remanded the case for determination of an appropriate remedy. We agree with JUSTICE POWELL that a purely private statement on a matter of public concern will rarely, if ever, justify discharge of a public employee. lying so near the category of completely unprotected speech cannot fairly be viewed as lying within the "heart" of the First Amendment's protection; it lies within that category of speech that can neither be characterized as speech on matters of public concern nor properly subject to criminal penalties, see Connick, supra, at 461 U. S. 147. It may well have been - and personally I think it was. at 30.
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