Koch v. City of Portland

I agree with the lead opinion’s statement:

“An officer who, without authority to do so, attempts to use his official position to negotiate a resolution to a problem that at that very moment is occupying the attention of his superiors, cannot rely on constitutional protections of speech to avoid sanctions * * *.” 94 Or App at 488.

I also agree with note 2:

“Plaintiff states the facts as though he only had been one citizen commenting to another on a matter of public interest. That view ignores the nature of his actions. During a major public controversy, plaintiff, a subordinate member of the…