Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Thursday, September 20, 2012

2d Circuit Narrowly Construes First Amendment


Kiehle v. County of Courtland, ____F.3d____(2d Cir. July 2, 2012), Download Kiehle (2) is an important case and I am amazed that the court chose not to offically publish the decision. In this case, the Second Circuit affirmed the dismissal of a case where a Department of Social Services social worker was--by the employer's admission--fired for truthfully testifying in family court. The court reasoned that this was part of his job even though he was not testifying at the request of his employer. In fact, his testimony was opposite of the employer's position.  I understand that the attorney handling is petitioning for reargument/en banc consideration.  This is just another example how Garcetti has all but gutted First Amendment protections.

Mitchell H. Rubinstein

Employment Law, First Amendment | Permalink


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