· 8/6/1998
Victor v. McElveen
Citations
- 150 F.3d 451
- 14 I.E.R. Cas. (BNA) 692
- 1998 U.S. App. LEXIS 18181
- 74 Empl. Prac. Dec. (CCH) 45,553
- 1998 WL 455032
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- indicating that public interest in prevention and elimination of racial discrimination outweighs employer’s interest in preventing disruption in workplace
- noting that the plaintiff’s awareness of a journalist’s presence while engaging in the disputed speech supported a finding that he spoke on a matter of public concern
- observing, in connection with a deputy sheriff's First Amendment claim, that \concerns about maintaining harmony and eliminating disruption cannot be the sole measure of government interest when the employee's speech furthers other important state interests\
- fact that employee made statement critical of his employer after receiving express permission to comment freely weighed heavily in employee’s favor
- “[W]hen an employee speaks in response to an invitation and on a matter pertinent to that request, the context factor weighs in his favor.”
- “The content of Victor’s speech was inherently of public concern because it was a protest against racial discrimination.”
Source: CourtListener parenthetical corpus (CC0).
Judges: DeMOSS, Dennis, Rosenthal
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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