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6 Jul 2023, 1:04 pm by Keith E. Whittington
As a consequence, such speech is entirely unprotected by the First Amendment and does not even reach the balancing test under Pickering v. [read post]
22 Jun 2023, 3:21 am by SHG
Between Pickering and Garcetti, a balancing test was crafted. [read post]
9 Jun 2023, 12:30 pm by John Ross
Regular readers of Short Circuit will remember that the Fifth Circuit made quite a stir when it held, in Jarkesy v. [read post]
9 Jun 2023, 7:30 am by Guest Blogger
  Buccola’s work, with Alison Buccola, provides as convincing as argument – better than, say, James Bradley Thayer’s defense of Gelpcke v. [read post]
31 May 2023, 6:42 am by Dan Bressler
” “‘The courts universally hold that a law firm will not be allowed to drop a client in order to resolve a direct conflict of interest, thereby turning a present client into a former client,’ MTTP argued, citing multiple court decisions such as Picker Int’l, Inc. v. [read post]
11 May 2023, 9:00 pm by Vikram David Amar
Putting aside rights that arise from contractual or other state-law guarantees of academic freedom, if a public employee is speaking (even on matters of public concern) while on the job, qua employee, then under the 2006 Supreme Court Garcetti v. [read post]
12 Feb 2023, 8:09 am by Lawrence Solum
Here is an example from Judge Frank Easterbrook's opinion in United States v. [read post]
6 Jan 2023, 5:01 am by Eugene Volokh
[C]ourts [interpreting this provision] … apply the balancing test articulated by the United States Supreme Court in Pickering v. [read post]
20 Dec 2022, 11:05 am by Keith E. Whittington
The Supreme Court laid down the relevant analytical framework for resolving such cases in Pickering v. [read post]
18 Nov 2022, 6:59 am by jonathanturley
In its earlier summary judgment ruling, the court began with a discussion of the highly analogous case of Pickering v. [read post]