· 3/31/2015
Richard Moss v. City of Pembroke Pines
Citations
- 782 F.3d 613
- 39 I.E.R. Cas. (BNA) 1586
- 2015 U.S. App. LEXIS 5129
- 2015 WL 1423662
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Moss's speech was insulated from First Amendment protection because it fell within his official duty to \ensure that the fire department provided the best service possible\
- holding that proof of a rea- sonable possibility of adverse harm is sufficient
- stating that if a plaintiff cannot survive the first two Pickering factors, the speech does not warrant First Amendment protection
- explaining that public concern and competing interests prongs are legal matters to be decided by a court
- stating that both prongs of Garcetti are questions of law
- noting a court can resolve the issue of whether speech was a sub- stantial motivating factor in a plaintiff’s termination where “the ev- idence is undisputed”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hull, Carnes, Walker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.