Weintraub v. Board

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.

Briefs and Documents

Certiorari-stage documents

• Opinion below (2nd Circuit)
• Petition for certiorari
• Brief in opposition
• Amicus brief for National Education Association
• Petitioner's reply