Nov 142009
 November 14, 2009  Posted by  Court, Workplace

Jeff Gorman reports:

A law librarian’s free-speech rights weren’t violated when he was fired for blasting his superiors’ alleged “disgusting, degrading, and utterly unprofessional” conduct in an email, a California appeals court ruled.


Justice McConnell cited the U.S. Supreme Court’s 2006 opinion in Garcetti v. Ceballos, which states: “Restricting speech that owes its existence to a public employee’s professional responsibilities does not infringe any liberties the employee might have enjoyed as a private citizen.”

“Kaye concedes his case fails if Garcetti applies to it; however, he contends Garcetti does not apply to violations of the state Constitution’s free speech clause,” McConnell wrote. “We conclude there is no merit in this contention.”

Read more on Courthouse News. The court opinion can be found here (pdf).

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