Weintraub v. Board

Petition for certiorari denied on October 18, 2010
Docket No. Op. Below Argument Opinion Vote Author Term
10-202 2nd Cir. N/A N/A N/A N/A OT 2010

Issue: (1) Whether the Supreme Court's holding that a public employee who engages in speech "pursuant to" his official duties cannot invoke the First Amendment protection to insulate his speech from employer discipline, applies only to speech “required” by a public employee's official duties or extends to all speech “stemming from” or “related to” those duties; and (2) whether the inquiry into whether an employee spoke “pursuant to” his official duties is purely a question of law, which a court may resolve at summary judgment, or a mixed question of fact and law properly reserved for a jury.

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