UNITED STATES OF AMERICA U.S.A.2

Federal Supreme Court Waters ν. Churchill

in International Labour Law Reports Online
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UNITED STATES OF AMERICA U.S.A.2

Federal Supreme Court Waters ν. Churchill

in International Labour Law Reports Online

References

*@ West Publishing Co. 1994; all rights reserved.

**Some footnotes are omitted; those included are not renumbered. [Ed.].

*In addition, and also because of the risk of chilling protected expression, the public employer must believe that the discipline chosen is an appropriate, and not excessive, response to the employ- ee's speech as reported. I do not understand respondents in this case to raise any claim that the dis- charge was pretextual in this respect.

'Moreover, the remedy in that context is self-evident: remand for readjudication pursuant to the proper procedures. In the present context, by contrast, the remedy is not all clear....

'On review of the Court of Appeals' reversal of a summary judgment for petitioners, we naturally accept as true the version of Churchill's statements described in her testimony and that of two support- ing witnesses.... See 977 F.2d 1114, I I18-1126 (CA7 1992).

SThe reasonableness of the public employer's mistake would, of course, bear on whether that em- ployer should be liable for damages.... It is wrong, however, to constrict the substantive reach of a public employee's right of free speech in response to such remedial considerations....

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