Government Liability Update

Garcetti v. Ceballos Rule Applies to California Constitution's Free Speech Protection

In Garcetti v. Ceballos (2006) 547 U.S. 410, the U.S. Supreme Court ruled that the First Amendent does not protect a public employee’s speech made pursuant to the employee’s duties; and therefore does not protect the employee from discipline or retaliation for his speech. In Kaye v. Board of Trustees of the San Diego County Public Law Library, published November 10, 2009, the Fourth District Court of Appeal, Division One, ruled that the Garcetti rule also applies to claims made under the California Constitution’s free-speech clause. The court further ruled that the whistleblower protections of the California False Claims Act do not protect a disgruntled employee’s expressions of dissatisfaction with his treatment on the job.

First Amendment May Not Bar Ejecting Public Meeting Attending for Objecting to Procedural Matters

In Norse v. City of Santa Cruz, published today, a split 9th Circuit panel ruled that a city council did not violate the rights of a person attending the meeting by ejecting the attendee (and then arresting him when he resisted) for giving a nazi salute in support of a speaker who refused to yield the podium.  Two judges concluded that the gesture was an attempt to disrupt the council's enforcement of a valid procedural rule, rather than expression of a viewpoint; and so was not protected by the First Amendment.  The concurring/dissenting judge opined that the gesture was an expression of a viewpoint, and so was protected.