Legal Opinion · Dissent

Shockey v. City of Portland

Oregon Supreme Court

Decided July 9, 1992No. CC A8611-06957; CA A49282; SC S36999Published

1DissentUnis, J.

The majority misreads well-established First Amendment1 precedent used to determine the free speech rights of public employees. In so doing, the majority misconstrues the class of speech on which public employees may speak out without fear of retaliation. The majority’s opinion has the potential to discourage disclosures of the sort of information that the public employee is particularly, and often uniquely, able to provide. Thus, the majority’s opinion may deprive the public of valuable information with which to evaluate the performance of elected officials.

Plaintiff, a wastewater mechanic…

2Cases cited23 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  3. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  4. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
  5. Perry v. SindermannSupreme Court of the United States · 1972

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