Weintraub v. Board
Petition for certiorari denied on October 18, 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.
SCOTUSblog Coverage
- Petition of the day (Conor McEvily, October 1, 2010)
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
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