Wednesday, January 27, 2010
Kaye v. Board of Trustees of the San Diego County Public Law Library et al., No. D053644, 2009 WL 3738795 (Cal. Ct. App., 4th Dist., Div. 1 Nov. 10, 2009) A California appeals court has refused to overturn summary judgment in favor of a public law library that fired its reference librarian after he circulated a scathing e-mail critical of management.
“When public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline,” the appeals court explained, citing Garcetti v. Ceballos, 547 U.S. 410 (2006).
Mitchell H. Rubinstein