Example #3 overturned by the U.S.S.C.

125 S.Ct. 521

125 S.Ct. 521, 73 USLW 3331, 73 USLW 3334, 4 Cal. Daily Op. Serv. 10,625, 2004 Daily Journal D.A.R. 14,395, 18 Fla. L. Weekly Fed. S 21

(Publication page references are not available for this document.)

Briefs and Other Related Documents

Supreme Court of the United States
CITY OF SAN DIEGO, CALIFORNIA et al.,

John ROE.
No. 03-1669.
Dec. 6, 2004.

Background: Police officer who was discharged for offering home-made, sexually explicit videos for sale on online auction site sued police department, city, and his supervisors under § 1983, alleging that his off-duty, non-work-related activities could not be grounds for terminating his employment. The United States District Court for the Southern District of California, Judith N. Keep, J., dismissed claim. Officer appealed. The Ninth Circuit Court of Appeals, Fisher, Circuit Judge, 356 F.3d 1108, reversed and remanded. Certiorari was granted.
Holdings: The Supreme Court held that:

(1) officer’s activities, though outside the workplace and purportedly about subjects not related to his employment, had injurious effect on mission of his employer and were not entitled to First Amendment protection under NTEUline of cases, and

(2) officer’s speech did not touch on “matter of public concern” and thus was not subject to Pickering balancing.

Reversed.