HOME > First Amendment Library > Case   Garcetti v. Ceballos (Doc. #: 04-473) (2006)  [Findlaw] Secondary Link Garcetti v. Ceballos  [Legal Information Institute] Argument Date 03/21/2006 Decided 5/30/2006 Supreme Court Vote 5-4 Note The case, originally argued on 10/12/05, was set for reargument with Justice Alito participating in the new round of oral arguments. Possible reason: the Court was split 4-4 and Justice O'Connor's departure necessitated reargument. Supreme Court Ruling First Amendment claim denied.   Issue Does the First Amendment protect the speech of a deputy district attorney who wrote and circulated a memorandum suggesting that a deputy sheriff lied in a search warrant affidavit and in his subsequent testimony at court?   Case Summary & Additional Resources Majority Opinion Kennedy, J. Dissenting Opinion Souter, J. (joined by Stevens & Ginsberg) , & Stevens, J., & Breyer, J. Certiorari Granted 02/28/2005 Lower Court 9th Circuit Lower Court Ruling First Amendment claim sustained. Oral Arguments Transcript (second argument, 3-21-06) Transcript (first argument, 11-12-05) Audio recording (Oyez)  [Oyez] Lawyers For Petitioner Cindy Lee (for city of Glendale, Calif.) For Respondent Bonnie Robin-Vergeer Briefs For Petitioner Merits brief Petitioner's Reply Brief For Respondent Merits Respondent's Brief For Amicus California State Association of Counties (supporting Petitioner) Tony Mauro Analysis "Head-scratching follows Garcetti ruling" "Do-over: High court re-hears whistleblower case" (03/22/06) "High court to enter employee speech debate" (03/01/05) Opinion - Lower Court Ceballos v. Garcetti (9th Cir. 2004) News AP, "High court agrees to hear whistleblower case" (2-28-05) AP, "High court curbs whistleblower lawsuits" (5/30/06) AP, "High court to rehear whistleblower case" (2-17-06) AP, "Supreme Court hears whistleblower suit" (10-12-05) Garrison, Jessica & Spano, John, "High Court Decision Could Hurt Misconduct Probes, Lawyer Says," LA Times (5/31/06) Metropolitan News-Enterprise, "Ninth Circuit Revives Local Prosecutor’s Retaliation Lawsuit" (3-23-04) Other Hudson, David, "3rd Circuit upholds damages for fired public employee" "Tracking the effects of Garcetti ruling" (collection of resources) Balkin, Jack "Ceballos-- The Court Creates Bad Information Policy" (Balkinization blog) (5/31/06) Lederman, Marty, "Ceballos and Public Speech: Response to Roosevelt" (Balkinization blog) (06-01-06) Lederman, Marty, "Do Public Employees Have Any First Amendment Rights to Complain About Wrongdoing?" (5/31/06) Medill School of Journalism (overview) Replies to Lederman et al (SCOTUS blog) (05-30-06) Roosevelt, Kermit, "Who's Afraid of Ceballos?" (Balkinization blog) (5-31-06) Smith, Ralph, "Supreme Court Makes It Easier to Discipline 'Whistleblowers'" (5/31/06) Workplace Law Report, "Deputy DA's Allegation of Illegal Warrant Is Protected Speech, Ninth Circuit Rules" (03-26-04) Commentary Barr, Stephen, "First Amendment Sometimes Left at Workplace Door," Wash. Post (6/1/06)  SEARCH MORE About this site About the First Amendment About the First Amendment Center How to contribute Video/RSS/podcasts First Amendment programs State of the First Amendment reports Religious liberty in public schools First Reports Supreme Court Columnists Experts First Amendment publications 1 for All First Amendment Center history Glossary Freedom Sings™ Events Congressional Research Service reports Guest editorials The First Amendment Library Lesson plans freedomforum.org Newseum Contact us Privacy statement Related links

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