Garcetti v. Ceballos

Garcetti v. Ceballos
Argued October 12, 2005
Reargued March 21, 2006
Decided May 30, 2006
Full case nameGil Garcetti, Frank Sundstedt, Carol Najera, and County of Los Angeles v. Richard Ceballos
Docket no.04-473
Citations547 U.S. 410 (more)
126 S. Ct. 1951; 164 L. Ed. 2d 689; 2006 U.S. LEXIS 4341; 74 U.S.L.W. 4257; 152 Lab. Cas. (CCH) ¶ 60,203; 87 Empl. Prac. Dec. (CCH) ¶ 42,353; 24 I.E.R. Cas. (BNA) 737
ArgumentOral argument
Case history
PriorSummary judgment granted to defendants, Ceballos v. Garcetti, No. 00-cv-11106, 2002 WL 34098285 (C.D. Cal. January 30, 2002); reversed, 361 F.3d 1168 (9th Cir. 2004); cert. granted, 543 U.S. 1186 (2005).
Holding
Statements made by public employees pursuant to their official duties are not protected by the First Amendment from employer discipline.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · David Souter
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Case opinions
MajorityKennedy, joined by Roberts, Scalia, Thomas, Alito
DissentStevens
DissentSouter, joined by Stevens, Ginsburg
DissentBreyer
Laws applied
U.S. Const. amend. I

Garcetti v. Ceballos, 547 U.S. 410 (2006), is a U.S. Supreme Court decision involving First Amendment free speech protections for government employees. The plaintiff in the case was a district attorney who claimed that he had been passed up for a promotion for criticizing the legitimacy of a warrant. The Court ruled, in a 5–4 decision, that because his statements were made pursuant to his position as a public employee, rather than as a private citizen, his speech had no First Amendment protection.[1]

  1. ^ Garcetti v. Ceballos, 547 U.S. 410 (2006). Public domain This article incorporates public domain material from this U.S government document.