Facts of the Case
Ardith McPherson was a clerical employee in the Harris County, Texas constable's office. After hearing on the office radio that there had been an attempt to assassinate President Ronald Reagan, McPherson, who thought she was alone with one other office worker, stated "if they go for him again, I hope they get him." Another co-worker overheard the comment and reported it to the Constable, Walter H. Rankin. Rankin subsequently fired McPherson.
Questions
Did the Constable's action infringe upon McPherson's freedom of speech guaranteed by the First Amendment?
Conclusions
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In a 5-to-4 decision, the Court held that Rankin's interest in discharging McPherson was outweighed by her rights under the First Amendment. The Court held that McPherson's statement, when considered in context, "plainly dealt with a matter of public concern." The Court found that there was no evidence that McPherson's speech interfered with "the efficient functioning of the office" and that her private comment had not discredited the office. The Court also noted that McPherson did not serve a "confidential, policymaking, or public contact" role, diminishing the impact of her speech on the agency's proper functioning.
Minnesota Voters Alliance v. Mansky Strikes Down a Vague Ban on Speech in Polling Places, But Future Bans May Be Upheld
Federalist Society Review, Volume 19
Note from the Editor: This article discusses the Supreme Court’s opinion in Minnesota Voters Alliance...
