Free Speech and Government Employees: Garcetti and Absurd Results

The intersection of First Amendment law and employment law can be fascinating — and can lead to extremely bizarre outcomes. In the last post, I discussed how the Court’s interpretation of the First Amendment led it to allow churches to, say, fire a minister for becoming pregnant, even where the religion itself has no inherent problem with pregnant ministers.

In this post, I want to discuss how the Court has interpreted the First Amendment to allow governments to retaliate against employees for exposing corruption — but only if┬áthe employee’s job is to expose corruption. Make sense? I didn’t think so.

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