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Connick Vs Myers Essay

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It was established that “a state cannot condition public employment on a basis that infringes the employee's constitutionally protected interest in freedom of expression.” Connick v. Myers, 461 U.S. 138, 142 (1983). Two inquiries guide interpretation of the constitutional protections accorded public employee speech. The first requires determining whether the employee spoke as a citizen on a matter of public concern. If the employee spoke as a citizen, the second requires determining whether the government’s interest overweighs employee’s interest. Garcetti v. Ceballos, 547 U.S. 410 (2006). The First Amendment only protects a government employee’s speech made not pursuant to the employee's official duties upon matters of public concern. Id. In the present case, Mr. Jackson and Middleton High School had stipulated that Mr. Jackson’s speech on relationship between U.S and Cuba included a matter of public concern. Accordingly, Mr. Jackson has to prove that his statement was made as a citizen instead of a teacher. Since Mr. Jackson voluntarily gave the speech outside of Middleton High School to non-captive audiences, Mr. Jackson spoke as citizen and his speech should be protected by the First Amendment. A. MR. …show more content…

Jackson’s off-campus speech was not required by school for purpose of educating non-captive audiences, as opposed to Mayer, whose job was to teach captive audiences “the controversy about policy toward Iraq… as long as she kept her opinions to herself”. Mayer v. Monroe County Community School, 474 F.3d 477, 480 (2007). In Mayer, the court justified school’s restriction on Mayer’s speech in class by holding that children are captive audiences who attend public school to learn without being subject to teacher’s idiosyncratic perspective. Id. Unlike Mayer who spoke his opinion while performing a teacher’s teaching duty, Mr. Jackson spoke out of his academic interest as a scholar with relevant background at the church. CT

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