Opinion analysis: First Amendment clearly protects public employee’s subpoenaed testimony – but not sufficiently clearly to overcome qualified immunity

In its unanimous and relatively brief opinion in Lane v. Franks, authored by Justice Sonia Sotomayor, the Court concluded that Edward Lane, an employee at a community college program, possessed First Amendment protection for his testimony in a criminal prosecution resulting from fraud in that program.  However, the Court also found that the college president, … Continue reading Opinion analysis: First Amendment clearly protects public employee’s subpoenaed testimony – but not sufficiently clearly to overcome qualified immunity