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Appellate Brief - Legal

In: Other Topics

Submitted By lashesq21
Words 4026
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No. 11-0369



MAGGIE LIZER, Individually and in her Official Capacity as Assistant United States
Attorney, Southern District of New York,



Counsel for Appellant 601739
2072 5th Ave. Suite 43
New York, NY 10292


TABLE OF CONTENTS ……………………………………………………………….....i
TABLE OF AUTHORITIES ……………………………………………………………..ii
QUESTION PRESENTED ……………………………………………………………….1
STATEMENT OF THE CASE …………………………………………………………...2
SUMMARY OF THE ARGUMENT …………………………………………………….6
ARGUMENT ……………………………………………………………………………..8
I. A government employee is entitled to constitutional protection under the First Amendment when the speech in question addresses matters of public concern and does not adversely affect the employer’s operations and functions …………………8

A. A government employee’s speech must contain matters of public concern in order to be protected under the First Amendment ……………………………9

B. If an employee’s speech addresses matters of public concern, the employee must show that the speech did not cause a disruption to the functionality of the workplace ……………………………………………………………………11

CERTIFICATE OF SERVICE ………………………………………………………….15
CERTIFICATE OF COMPLIANCE ……………………………………………………16


United States Supreme Court Case:

Connick v. Myers, 461 U.S. 138 (1982) ………………………………8, 9, 10, 11, 12, 14
Pickering v. Board of Ed., 391 U.S. 563 (1968) …………………………...8, 9, 11, 13, 14

United States Court of Appeals Cases:

Jeffries v. Harleston, 52 F.3d 9 (2nd Cir. 1995)

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