Borough of Duryea v. Guarnieri
Holding: A government employer's allegedly retaliatory actions against an employee do not give rise to liability under the First Amendment's Petition Clause unless the employee'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.
Briefs and Documents
- 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