Legal Opinion
Kirchmann v. Lake Elsinore Unified School District
California Court of Appeal
Decided September 3, 1997No. E017954PublishedCited by 2 opinions
1Opinion of the Court
Opinion
RICHLI, J.
“Government employees are often in the best position to know what ails the agencies for which they work; public debate may gain much from their informed opinions . . . .” (Waters v. Churchill (1994) 511 U.S. 661, 674 [114 S.Ct. 1878, 1887, 128 L.Ed.2d 686, 698] (plur. opn. of O’Connor, J.).) In recognition of that fact, the First Amendment prohibits dismissal of a public employee for criticizing his or her employer unless the employee’s free speech interest is outweighed by the employer’s interest in avoiding disruption. (Pickering v. Board of Education (1968) 391 U.S. 563,…
2Cases cited24 opinions
- 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
- St. Amant v. ThompsonSupreme Court of the United States · 1968
- Rankin v. McPhersonSupreme Court of the United States · 1987
- Rutan v. Republican Party of IllinoisSupreme Court of the United States · 1990
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3Cited by2 opinions
- Kirchmann v. Lake Elsinore Unified School DistrictCalifornia Court of Appeal · 2000
- Kaye v. Board of Trustees of San Diego County Public Law LibraryCalifornia Court of Appeal · 2009