Parties: United States v. Nat'l Treasury Emples. Union
Date: 1995-02-22
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Paragraph: 23 - Thus, private speech that involves nothing more than a complaint about a change in the employee's own duties may give rise to discipline without imposing any special burden of justification on the government employer. Id., at 148-149, 103 S.Ct., at 1690-1691. If, however, the speech does involve a matter of public concern, the Government bears the burden of justifying its adverse employment action. Rankin v. McPherson, 483 U.S. 378, 388, 107 S.Ct. 2891, 2899, 97 L.Ed.2d 315 (1987); see also Waters v. Churchill, 511 U.S. ----, ----, 114 S.Ct. 1878, 1887, 128 L.Ed.2d 686 (1994). Respondents' expressive activities in this case fall within the protected category of citizen comment on matters of public concern rather than employee comment on matters related to personal status in the workplace. The speeches and articles for which they received compensation in the past were addressed to a public audience, were made outside the workplace, and involved content largely unrelated to their government employment.
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