Section 3 Matter of Public Concern

• Library: Emp-Emp Law 2000

“Whether an employee’s speech addresses a matter of public concern must be determined by the content, form, and context of a given statement, as revealed by the whole record.” Connick v. Myers, 461 U.S. 138, 147–48 (1983). This inquiry is a question of law, not fact. Id. at n.7. Courts are more likely to find that speech relates to a matter of public concern if it pertains to political, social, or community issues and if the speech is public rather than private. In the following cases, the Supreme Court found employees’ speech to constitute a matter of public concern:

• Pickering v. Board of Educ. of Township High Sch. Dist. 205, 391 U.S. 563 (1968) (teacher openly criticized the school board’s allocation of funds between athletics and education)

• Perry v. Sindermann, 408 U.S. 593 (1972) (teacher testified before state legislature and made public remarks about whether college should be elevated to four-year status)

• Mt. Healthy City Sch. Bd. of Educ. v. Doyle, 429 U.S. 274, 287 (1977) (teacher notified radio station of a memorandum to teachers concerning their dress and appearance)

• Givhan v. Western Line Consol. Sch. Dist., 439 U.S. 410 (1979) (employee complained privately to employer about alleged race discrimination in workplace)
• Rankin v. McPherson, 483 U.S. 378 (1987) (employee...