Weintraub v. BoardPetition 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 â€œrequiredâ€ by a public employee's official duties or extends to all speech â€œstemming fromâ€ or â€œrelated toâ€ those duties; and (2) whether the inquiry into whether an employee spoke â€œpursuant toâ€ 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.