Gary Terrell v. University of Texas System Police

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Gary Terrell, a public employee, was fired when his secret diary, which was critical of his supervisor, féll into the supervisor’s hands. We hold that Terrell, if he “spoke” in the diary at all, spoke only as an employee and not as a citizen. Under Connick v. Myers, 461 U.S. 138,103 S.Ct. 1684, 75 L.Ed.2d 708 (1983), he was not engaged in speech “upon matters of public concern” and was therefore not insulated by the first amendment from being fired for keeping the diary.

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In response to an anonymous complaint that appeared to come from an unhappy…