Garcetti v. Ceballos

[Mark Graber]

I think to some degree some of the comments may be talking past each
other.  I take it that there is general agreement that  government
employee may be fired for expressing opinions in the line of duty that
are misguided or inflammatory, and that government employers must have a
good deal of discretion when determining what opinions are misguided or
inflammatory.  The issue is, as I read Garcetti,  whether there is any
limitation to that discretion.  Consider the following example.  A
government employee in, say, the tax department is asked to give a tour
to a group of visitors.  The employer specifically declares, "answer
their questions to the best of your ability."  Suppose the employee is
asked "what party do you belong to."  May he or she be fired for
responding "Republican."  May he or she be fired for refusing to answer
the question, in violation of the superior's orders.  Does this not
suggest that when a government employee is put in a situation by their
employer where they must express an opinion, they should be
constitutionally protected if a reasonable person would conclude their
opinion was reasonable and civilly given. 

MAG