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· 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 CourtListener

Sourced 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.