Communications Workers of America v. Ector County Hospital District

joined by DeMOSS, STEWART, and DENNIS, Circuit Judges:

Despite the utmost esteem in which I hold my colleagues of the en banc majority, I am constrained to dissent. In my view, the majority:(1) Understates how substantially Herrera’s speech in this case involves matters of public concern;(2) Overstates the significance of the anti-adornment facet of the employer’s uniform policy in advancing the Hospital’s interest in workplace efficiency;(3) Ignores some factors pertinent to Herrera’s individual speech interest, and undervalues others, when conducting the Connick/Pickering balancing test;(4)…