Legal Opinion
Berger v. Battaglia
Court of Appeals for the Fourth Circuit
Decided December 20, 1985No. 84-1440PublishedCited by 91 opinions
1Opinion of the Court
JAMES DICKSON PHILLIPS, Circuit Judge:
The issue is whether, consistently with the first amendment, the Baltimore Police Department could condition the continued employment of one of its police officers upon his cessation of off-duty public entertainment performances in blackface that members of Baltimore’s black community found offensive. In this action by the police officer against the Department under 42 U.S.C. § 1983, the district court, applying the balancing test prescribed in Pickering v. Board of Education, 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968), as elaborated in Connick v.…
2Cases cited20 opinions
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
- Branti v. FinkelSupreme Court of the United States · 1980
- Cohen v. CaliforniaSupreme Court of the United States · 1971
15 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- Edwards v. City of GoldsboroCourt of Appeals for the Fourth Circuit · 1999
- Edwards v. City of GoldsboroCourt of Appeals for the Fourth Circuit · 1999
- Conaway v. SmithCourt of Appeals for the Tenth Circuit · 1988
- DiMeglio v. HainesCourt of Appeals for the Fourth Circuit · 1995
- Conaway v. SmithCourt of Appeals for the Tenth Circuit · 1988
86 more not listed; retrieve them via the Exa API.