Legal Opinion

George M. Weeks, III v. Robert Bayer, Individually and in His Capacity as Director, Nevada Department of Prisons

Court of Appeals for the Ninth Circuit

Decided April 18, 2001No. 00-15269PublishedCited by 184 opinions

1Opinion of the Court

McKEOWN, Circuit Judge:

In its capacity as a public employer, the state bears special constitutional burdens. Notably, the First Amendment restricts the state’s ability to fire employees who speak out on matters of public concern. But this doctrine is limited; after all, “the First Amendment does not require a public office to be run as a roundtable for employee complaints over internal office affairs.” Connick v. Myers, 461 U.S. 138, 149, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983). Here, we must determine whether Mr. Weeks’s single comment regarding the funding status of a government program, made…

2Cases cited21 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  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. Thornhill v. AlabamaSupreme Court of the United States · 1940

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3Cited by184 opinions

  1. John R. Ulrich, Jr., M.D. v. City and County of San Francisco Laguna Honda Hospital Maria v. Rivero, M.D. Theresa Berta, M.D. Melissa Welch, M.D.Court of Appeals for the Ninth Circuit · 2002
  2. Navajo Nation v. Department of the InteriorCourt of Appeals for the Ninth Circuit · 2017
  3. Monica L. McDowell Elvig v. Calvin Presbyterian Church Will AcklesCourt of Appeals for the Ninth Circuit · 2004
  4. Cobbler Nevada, LLC v. Thomas GonzalesCourt of Appeals for the Ninth Circuit · 2018
  5. Alpha Energy Savers, Inc., an Oregon Corporation Robert Obrist v. Diane Hansen Multnomah County Judy SwendsenCourt of Appeals for the Ninth Circuit · 2004

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