Replies

fwiw:

Rankin v. McPherson
483 U.S. 378 (1987)

https://supreme.justia.com/cases/federal/us/483/378/case.html

Syllabus

Respondent, a data-entry employee in a county Constable’s office, was discharged for remarking to a coworker, after hearing of an attempt on the President’s life, “if they go for him again, I hope they get him.” Respondent was not a commissioned peace officer, did not wear a uniform, was not authorized to make arrests or permitted to carry a gun, and was not brought by virtue of her job into contact with the public. Her duties were purely clerical, were limited solely to the civil process function of the Constable’s office, and did not involve her in the office’s minimal law enforcement activity. Her statement was made during a private conversation in a room not readily accessible to the public. The Constable fired petitioner because of the statement. She then brought suit in the Federal District Court under 42 U.S.C. § 1983, alleging that her discharge violated her First Amendment right to free speech under color of state law. The court upheld the discharge, but the Court of Appeals vacated and remanded, whereupon the District Court again ruled against respondent. However, the Court of Appeals reversed and remanded for determination of an appropriate remedy, holding that respondent’s remark had addressed a matter of public concern, and that the governmental interest in maintaining efficiency and discipline in the workplace did not outweigh society’s First Amendment interest in protecting respondent’s speech.

Held: Respondent’s discharge violated her First Amendment right to freedom of expression. Pp. 483 U. S. 383-392.