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To: SoConPubbie

So you’re saying the Pickering Balancing Test doesn’t exist?

Hypotheticals:

1. State Dept employee engages in speech related to abortion.
According to Pickering this speech is protected. Abortion has no correlation to performance of State Dept functions. Employee cannot be fired.

2. State Dept employee engages in speech related to Iran Nuclear Deal
According to Pickering this speech is NOT protected as this is a matter related to official diplomacy which falls under the purview of the State Dept. If the government determines that the speech undermines its ability to provide service to the public, employee CAN be fired.


31 posted on 11/01/2023 9:09:21 AM PDT by mmichaels1970
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To: mmichaels1970
1. State Dept employee engages in speech related to abortion. According to Pickering this speech is protected. Abortion has no correlation to performance of State Dept functions. Employee cannot be fired.

You just proved my point for me.
32 posted on 11/01/2023 9:14:12 AM PDT by SoConPubbie (Trump has all the right enemies, DeSantis has all the wrong friends.)
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