Zimmerman v. Univ. of Utah & Dr. William McMahon

Associate Chief Justice Lee, opinion of the Court:

*80 ¶1 This case comes to us on certification from the United States District Court for the District of Utah. UTAH R. APP. P. 41. The certified questions are as follows:

1. Is the Free Speech Clause of the Utah Constitution self-executing?

2. If question 1 is answered in the affirmative, what are the elements of a claim brought under the clause?

3. Does an employee who receives notice that his or her employment will be terminated effective on a future date suffer an adverse employment action for purposes of the Utah Protection of Public Employees…