Monday, April 28, 2014

Oral Argument in Lane v. Franks

ScotusThe Supreme Court heard oral argument today in Lane v. Franks (see here and here) today.  The oral argument transcript is now available. It's a good read. The justices seemed pretty skeptical that the First Amendment would not protect a public employee testifying about information he learned at work, but at the same time, they were concerned that Eleventh Circuit precedent might be murky enough that the right was not clearly established enough at the time Lane was fired to overcome qualified immunity. For reporting on the argument, see here, here, and here.


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Interesting that the CNN story contains the same misreading of Garcetti that the 11th Circuit made: "speaking on facts learned 'pursuant to their official duties.'" Adding "on facts learned" greatly broadens the standard the Court adopted in Garcetti. Unlike the other stories, CNN is not quoting or paraphrasing the argument of Franks's lawyers, but purporting to say what the current state of the law is.

Posted by: Scott Bauries | Apr 29, 2014 9:47:16 AM

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