Legal Opinion

Alberto Fernandez v. The School Board of Miami-Dade County, Florida

Court of Appeals for the Eleventh Circuit

Decided August 10, 2018No. 17-14319PublishedCited by 13 opinions

1Opinion of the Court

MARCUS, Circuit Judge:

*1326 Again today we face the question whether the speech of two public employees of the Miami-Dade County School District is protected by the First Amendment. Whether they spoke as private citizens or public employees and about matters of public concern makes all the difference. Sometimes, answering these questions is difficult, particularly as we remember that "citizens do not surrender their First Amendment rights by accepting public employment." Lane v. Franks , --- U.S. ----, 134 S.Ct. 2369 , 2374, 189 L.Ed.2d 312 (2014). This is not one of those cases.

Dr. Alberto…

2Cases cited7 opinions

  1. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  2. Garcetti v. CeballosSupreme Court of the United States · 2006
  3. Janet Feliciano v. City of Miami BeachCourt of Appeals for the Eleventh Circuit · 2013
  4. Lane v. FranksSupreme Court of the United States · 2014
  5. Melissa A. Alves v. Board of Regents of the University System of GeorgiaCourt of Appeals for the Eleventh Circuit · 2015

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Nancy King, M.D. v. Board of County Commissioners, Polk County, FloridaCourt of Appeals for the Eleventh Circuit · 2019
  2. Andrew H. Warren v. Ron DeSantisCourt of Appeals for the Eleventh Circuit · 2024
  3. Andrew H. Warren v. Ron DeSantisCourt of Appeals for the Eleventh Circuit · 2024
  4. Eli Schanley v. City of Sarasota, and Rex Troche, in his Individual Capacity, as the Chief of Police of the Sarasota Police DepartmentDistrict Court, M.D. Florida · 2025
  5. Gerard Oblek v. City of Wildwood, FLCourt of Appeals for the Eleventh Circuit · 2021

8 more not listed; retrieve them via the Exa API.

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