From Inside Higher Ed:
The Supreme Court ruled unanimously Thursday that a community college employee who testified about an Alabama legislator’s no-show job had First Amendment protection when he did so. The ruling allows the employee — whose job was subsequently eliminated — to pursue a claim that he lost his position in retaliation for his testimony.
Justice Sotomayor’s decision, however, said that Garcetti should not apply in a case where the speech directly relates to matters of public concern and the duties of a citizen. “[P]ublic employees do not renounce their citizenship when they accept employment,” she wrote. “Truthful testimony under oath by a public employee outside the scope of his ordinary job duties is speech as a citizen for First Amendment purposes. That is so even when the testimony relates to his public employment or concerns information learned during that employment.”