What does this mean for School Counselors?
- A letter to the editor is legal (not only demonstrated in this case but also Pickering v. Board of Education (1968))
- Probably not the best (most ethical) course of action.
What happened?
Warning & Dissenters
- Ceballos was a deputy DA in Los Angeles
- Convinced that the sheriff obtained a search warrant by falsifying an affidavit
- Wrote memo to superiors recommending the case be thrown out
- Sheriff criticized Ceballos
- DA sided with sheriff
- Justice Stevens admits there are instances when a public employee's speech should be censored but says, "But what if it is just unwelcome speech because it reveals facts that the supervisor would rather not have anyone else discover?" (547 U.S. 410 (2006) GARCETTI et al. v. CEBALLOS No. 04-473. Supreme Court of United States.)
- Justice Kennedy suggests created protected speech policies for government agencies would be advantageous for all parties
The Case
- Ceballos stated that after this case, he was treated unfairly (transferred & denied promotion)
- Ceballos made a case, maintaining that his First Amendment had been violated
Result
- Public employees who want to raise a controversial issue or complain should do so as a citizen not employee
The Verdict
"In this case, the Supreme Court held that '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." Stone (2013).
Garcetti v. Ceballos (2006)