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The Garcetti test: limiting a public employee's freedom of speech and the constitutional implications on academic speech: Garcetti v. Ceballos.
- Article from:
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Jones Law Review
- Article date:
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March 22, 2007
- Author:
- Griffith, Matthew R.
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Copyright informationCOPYRIGHT 2007 Thomas Goode Jones School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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"[T]he government, as an employer, must have wide discretion and control over the management of its personnel and internal affairs. This includes the prerogative to remove employees whose conduct hinders efficient operation and to do so with dispatch." (1)
INTRODUCTION
Freedom of speech is a fundamental right bestowed upon American citizens, (2) particularly when citizens speak on their own, expressing their own thoughts. However, courts have long recognized that the right to free speech is a limited fight, especially for citizens who work for public employers, such as governments, schools, and universities. (3) Public employees are not entitled to absolute First ...