Supreme Court Rules That Public Employee's Performance of Job Duties Alone Is Not Protected Speech Under the First Amendment

In today's 5 to 4 opinion in Garcetti v. Ceballos (No. 04-473) authored by Justice Kennedy and joined by Justices Roberts, Scalia, Thomas, and Alito, the Supreme Court held that government employees who "make statements pursuant to their official duties" do not engage in speech protected under the First Amendment. The ruling involves a government lawyer's claim for protection from retaliation under the First Amendment, but also has significant implications for the private sector, which is subject to many state and federal statutes that protect private sector employees from retaliation.