| Description |
First, this note traces the evolution of public-employee free speech rights, including a discussion of the most salient cases preceding Garcetti.7 Second, it reviews the facts, holding, and reasoning of the Appellate Court decision in Garcetti, and moves to the majority and dissenting viewpoints of the Supreme Court on review.8 Next, it maintains that the reasoning employed by the majority in Garcetti departs from the Court’s analysis in previous modern public-employee free speech cases.9 The note then argues that the Garcetti ruling runs contrary to the interests of all relevant stakeholders—the employer, the employee, and the public.10 The note concludes by arguing that federal and state whistleblower protections must be enhanced to provide adequate protections to public employees. (Description from Source) |