Facts of the Case
Sheila Meyers worked as an Assistant District Attorney for just over five years when her boss transferred her to a different section of the criminal court. Meyers strongly opposed this transfer, and made her feelings known to several supervisors, including District Attorney Harry Connick. Before the official transfer took place, Meyers prepared a questionnaire asking for her co-workers views on the transfer policy, office morale, and the level of confidence in supervisors. When Connick learned of the questionnaire, he immediately terminated Meyers. He said he fired her because she refused to accept her transfer. He also said that distributing the questionnaire was insubordination. Meyers sued, alleging that her termination violated her First Amendment right to free speech. The district court ruled in favor of Meyers and ordered her reinstatement, payment of back pay, damages, and attorney fees. The U.S. Court of Appeals for the Fifth Circuit affirmed.
Questions
Is the questionnaire that Meyers distributed constitutionally-protected speech?
Conclusions
-
No. In a 5-4 decision, Justice Byron R. White wrote the majority opinion reversing the lower court. The Supreme Court held that speech of public employees is generally only protected when they speak on matters of public concern. Meyers’ speech only dealt with personal and internal office issues. The district court also erred in placing too high of a burden on Connick to show that Meyers’ speech substantially interfered with the operation of the office. It is sufficient to show that the employer reasonably believed Meyers’ speech would interfere with office operations.
Justice William J. Brennan wrote a dissent, expressing his view that speech concerning the way government is run is protected under the First Amendment. Meyers’ questionnaire addressed that subject and interfered with the operation of the office, so her termination violated the First Amendment. Justices Thurgood Marshall, Harry A. Blackmun, and John Paul Stevens joined in the dissent.