Public Employee Protected Speech in the Wake of Waters v. Churchill

Bernadette Marczely

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DOI: 10.2190/L3KQ-MLJK-UMTU-Y1JD

Abstract

The Supreme Court's recent decision in Waters v. Churchill will have a significant impact on protected speech in public employment. It will also have a significant effect on the procedures public employers use to investigate instances of employee expression leading to termination. In the final analysis, however, this plurality decision appears to pose more questions than answers and could give rise to a new kind of public sector employment litigation.

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