Borough of Duryea v. Guarnieri
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Mar 22, 2011
|Jun 20, 2011||8-1||Kennedy||OT 2010|
Holding: A government employerâ€™s allegedly retaliatory actions against an employee do not give rise to liability under the First Amendmentâ€™s Petition Clause unless the employeeâ€™s petition relates to a matter of public concern.
Judgment: Vacated and remanded, 8-1, in an opinion by Justice Anthony Kennedy on June 20, 2011. Justice Scalia filed an opinion concurring in the judgment in part and dissenting in part.
- Opinion analysis: Limits on "Petition Clause"
- Argument recap: Giving meaning to the Petition and Speech Clauses
- Argument preview: A tale of two clauses
- Court to rule on child interviews
Briefs and Documents
- Brief for Petitioners Borough of Duryea, Pennsylvania, et al.
- Brief for Respondent Charles J. Guarnieri, Jr.
- Reply brief for Petitioner Borough of Duryea, Pennsylvania
- Brief for the States of Florida, Alabama, Colorado, Delaware, Hawaii, Illinois, Indiana, Louisiana, Maine, Michigan, Mississippi, New Jersey, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, West Virginia and Wyoming in Support of Petitioner
- Brief for the National School Boards Association in Support of Petitioner
- Brief for the United States of America in Support of Petitioner
- Brief for the State and Local Legal Center in Support of Petitioner
- Brief for the American Civil Liberties Union and the ACLU of Pennsylvania in Support of Respondent
- Brief for the American Federation of Labor and the Congress of Industrial Organization in Support of Respondent
- Brief for the Justice and Freedom Fund in Support of Respondent
- Brief for the National Fraternal Order of Police, the National Troopers Coalition and the Pennsylvania Troopers Association in Support of Respondent