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CourtSpeak: Garcetti v. Ceballos Employee Free-Speech Case
Decisions
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Justice Anthony Kennedy (majority): “The controlling factor in Ceballos’ case is that his expressions were made pursuant to his duties as a calendar deputy. We hold that when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.”
Justice John Paul Stevens (dissenting): “The notion that there is a categorical difference between speaking as a citizen and speaking in the course of one’s employment is quite wrong.”