Case Brief

Prior Restraint on Speech:
Latino Officers Association v. Safir, 165 F. Supp. 2d 587 (S.D.N.Y. 2001)

This case brief involves public employees’ rights under the First Amendment (speech, including expressive speech which can be conduct or symbols, not necessarily words). Read your Avery text regarding the Pickering balancing test and the Connick test. When is “speech” a matter of public concern? When is speech which IS a matter of public concern not protected by the First Amendment and therefore subject to discipline? Is off-duty speech always protected by the First Amendment? Pay particular attention to the court’s analysis of these cases. What factors are considered in deciding whether speech is protected or not? See the attachments for the guide lines and exszmple.

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