Legal Opinion · Dissent
American Postal Workers Union v. United States Postal Service
Court of Appeals for the D.C. Circuit
Decided October 2, 1987No. Nos. 85-5632, 85-5653Published
1DissentBork, Circuit Judge
In this case a government employee has been punished with, it seems to me, undue severity. The severity of the punishment, however, is not before us and we have no power to alter it. What is before us is a pure question of law: whether the speech for which the employee was disciplined is protected by the first amendment. Our answer to that question, given the implications our answer will have for the future, can in no way be influenced by our dislike for the discipline imposed.
As the majority notes only in passing, maj. op. at 303 n. 10, there are first amendment interests on both sides of…
2Cases cited34 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- 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
- Perry v. SindermannSupreme Court of the United States · 1972
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