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Endangered First Amendment Rights of Public Employees

New York Law Journal

December 6, 2012

In his Civil Rights and Civil Liberties column, Christopher Dunn, associate legal director of the New York Civil Liberties Union, writes: As the U.S. Supreme Court long ago recognized, because public employees often are in the best position to reveal serious government misconduct, protecting them from retaliation is essential for assuring government accountability. Six years ago, however, the Supreme Court added a new hurdle for public employees asserting constitutional protections against retaliation. Since then, the lower courts have expanded on this ruling to the point that the First Amendment rights of public employees are now in serious jeopardy.

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