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Weintraub v. Board

Certiorari Denied

Petition for certiorari denied on October 18, 2010.

Docket No.10-202
Op. Below2nd Circuit

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.

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