§ 6.4.5.10 DEFAMATION AND PUBLIC EMPLOYEES.

• Jurisdiction: Arizona

§ 6.4.5.10 Defamation and Public Employees. There are special issues in employment law that relate to public employees in the context of the first amendment.

One issue is whether a public employee has been wrongfully terminated on the grounds of speech. The seminal case is Connick v. Myers,²²³ which establishes the framework for analysis. The first question is whether the speech addresses matters of "public concern." If it does, the court balances the employee's "interest in making the statement against the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees."²²⁴ The court then balances five factors in making this determination. Those factors are whether the speech: (1) impairs discipline or control by superiors, (2) disrupts coworker relations, (3) erodes close working relationships premised on personal loyalty and confidentiality, (4) interferes with the speaker's performance of his or her duties, or (5) obstructs the routine operation of the office.²²⁵ In Nelson v. Pima Community College,²²⁶ the Ninth Circuit applied these factors to determine that a terminated...