Developments in the law:: Garcetti v. Ceballos and the workplace freedom of speech rights of public employees

On May 30, 2006 the Supreme Court handed down a 5-4 decision in the case of Garcetti v. Ceballos, announcing that "when public employees make statements pursuant to their official duties, they are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline." Previously, the Court had held in Pickering v. Board of Education (1968) that the First Amendment's protection of freedom of speech generally prohibited public employers from firing or disciplining employees for speaking out on matters of "public concern." The Pickering decision established a two-part test that first required federal courts to determine whether the employee had spoken out on a matter of public concern and then whether the disruptive impact of the employee's statement justified the disciplinary action. This article argues that the Garcetti decision may deter many public employees from disclosing governmental inefficiency and misconduct and presenting dissenting viewpoints on matters of clear public concern. Consequently, the decision may make it more difficult for the leadership of public agencies to uncover inefficiency and misconduct.