Petition and Expression: The State of First Amendment Retaliation Litigation in Light of Duryea and Garcetti

Authors

Rick Geisel, Grand Valley State University
B. R. Kallio

Department

School of Education

College

College of Education

Date Range

2011-2012

Abstract

This presentation will provide an update as to how lower courts are applying Garcetti v. Ceballos (2006) in the context of K-12 public schools. Additionally, this presentation will review recent developments in the area of petition rights under the First Amendment as applied to public employees. The United States Supreme Court will hear oral arguments on March 22, 2011 in Duryea v. Guarnieri. The question presented in this case is [w]ether the Third Circuit erred in holding that state and local government employees may sue their employers for retaliation under the First Amendment's Petition Clause when they petitioned the government on matters of purely private concern. This presentation will incorporate thCourt's decision in Duryea as we look at both the petition and expression rights of public school employees in light of the C's most recent ruling.

Conference Name

57th Annual ELA Conference

Conference Location

Chicago, IL

ScholarWorks Citation

Geisel, Rick and Kallio, B. R., "Petition and Expression: The State of First Amendment Retaliation Litigation in Light of Duryea and Garcetti" (2011). Faculty Scholarly Dissemination Grants. 422.
https://scholarworks.gvsu.edu/fsdg/422