borough
duryea
pennsylvania
et
al
guarnieri
argued
march
decided
june
petitioner
borough
fired
respondent
guarnieri
police
chief
filed
union
grievance
led
reinstatement
borough
council
later
issued
directives
instructing
guarnieri
perform
duties
filed
second
grievance
arbitrator
ordered
directives
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guarnieri
filed
suit
alleging
directives
issued
retaliation
filing
first
grievance
thereby
violating
first
amendment
right
petition
government
redress
grievances
later
amended
complaint
allege
council
also
violated
petition
clause
denying
request
overtime
pay
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filed
suit
district
instructed
jury
inter
alia
suit
grievances
constitutionally
protected
activity
jury
found
guarnieri
affirming
compensatory
damages
award
third
circuit
held
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employee
petitioned
government
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protected
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clause
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activity
even
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concerns
matter
solely
private
concern
ruling
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view
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circuit
considered
issue
protected
petition
must
address
matter
public
concern
held
government
employer
allegedly
retaliatory
actions
employee
give
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liability
petition
clause
unless
employee
petition
relates
matter
public
concern
third
circuit
conclusion
public
concern
test
limit
public
employees
petition
clause
claims
incorrect
pp
public
employee
suing
employer
first
amendment
speech
clause
must
show
spoke
citizen
matter
public
concern
connick
myers
even
employee
makes
showing
however
courts
balance
employee
right
engage
speech
government
interest
promoting
efficiency
effectiveness
public
services
performs
employees
pickering
board
ed
township
high
school
dist
although
cases
might
arise
special
petition
clause
concerns
require
distinct
analysis
public
employees
retaliation
claims
call
divergence
close
connection
rights
speech
petition
led
courts
appeals
third
circuit
apply
public
concern
test
public
employees
petition
clause
claims
approach
justified
substantial
common
ground
definition
delineation
rights
pp
substantial
government
interests
justify
cautious
restrained
approach
protecting
public
employees
speech
relevant
petition
clause
cases
petition
less
speech
interfere
government
efficient
effective
operation
seeking
results
contravene
governmental
policies
impair
proper
performance
governmental
functions
garcetti
ceballos
petition
taking
form
lawsuit
government
employer
may
particularly
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officials
time
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authority
blurring
lines
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public
example
guarnieri
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jury
review
myriad
details
government
decisionmaking
precisely
avoid
sort
intrusion
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affairs
held
first
amendment
invests
public
employees
certain
rights
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employee
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interpreting
petition
clause
apply
even
matters
public
concern
involved
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even
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already
protection
public
employees
rights
file
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litigate
adopting
different
rule
petition
clause
claims
provide
ready
means
public
employees
circumvent
public
concern
test
protections
aggravate
potential
harm
government
interests
compounding
costs
complying
constitution
pp
guarnieri
claim
applying
public
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petition
clause
inappropriate
light
private
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many
petitions
redress
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merit
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clause
undoubtedly
force
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context
personal
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addressed
government
petitions
government
assume
added
dimension
seek
advance
political
social
ideas
interest
community
whole
clause
history
reveals
frequent
use
petitions
address
wide
range
political
social
matters
great
public
import
interest
pp
framework
used
govern
public
employees
speech
clause
claims
applied
petition
clause
protect
government
interests
employee
first
amendment
right
public
employee
petitions
employee
matter
purely
private
concern
first
amendment
interest
must
give
way
speech
cases
san
diego
roe
petitions
citizen
matter
public
concern
first
amendment
interest
must
balanced
government
countervailing
interest
effective
efficient
management
internal
affairs
pickering
supra
balance
favors
public
employee
first
amendment
claim
sustained
balance
favors
employer
employee
first
amendment
claim
fail
even
though
petition
matter
public
concern
speech
clause
whether
petition
relates
matter
public
concern
depend
content
form
context
revealed
whole
record
connick
supra
forum
petition
lodged
also
relevant
see
snyder
phelps
petition
filed
government
employer
using
internal
grievance
procedure
many
cases
seek
communicate
public
advance
political
social
point
view
beyond
employment
context
pp
absent
full
briefs
parties
need
consider
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framework
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case
fed
appx
vacated
remanded
kennedy
delivered
opinion
roberts
ginsburg
breyer
alito
sotomayor
kagan
joined
thomas
filed
opinion
concurring
judgment
scalia
filed
opinion
concurring
judgment
part
dissenting
part
borough
duryea
pennsylvania
et
petitioners
charles
guarnieri
writ
certiorari
appeals
third
circuit
june
justice
kennedy
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opinion
among
rights
essential
freedom
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protects
right
people
petition
government
redress
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amdt
case
concerns
extent
protection
petition
clause
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public
employees
routine
disputes
government
employers
petitions
form
expression
employees
invoke
petition
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cases
invoke
well
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amendment
show
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speech
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defined
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employee
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courts
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appeals
third
circuit
held
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test
limit
petition
clause
claims
public
employees
reasons
stated
conclusion
incorrect
charles
guarnieri
filed
union
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challenging
termination
chief
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borough
duryea
town
persons
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grievance
proceeded
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pursuant
police
union
agreement
arbitrator
found
borough
council
duryea
legislative
body
entity
responsible
guarnieri
termination
committed
procedural
errors
connection
termination
arbitrator
also
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guarnieri
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including
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council
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arbitrator
ordered
guarnieri
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guarnieri
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issued
directives
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performance
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council
attorney
explained
council
wanted
sure
chief
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going
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upon
return
tr
apr
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prohibited
guarnieri
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council
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app
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police
car
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third
stated
duryea
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guarnieri
testified
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warm
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feeling
tr
apr
guarnieri
filed
second
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directives
arbitrator
instructed
council
modify
withdraw
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grounds
vague
interfered
authority
mayor
contrary
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guarnieri
filed
lawsuit
borough
borough
council
individual
members
council
guarnieri
claimed
first
union
grievance
petition
protected
petition
clause
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amendment
alleged
directives
issued
upon
reinstatement
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protected
activity
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filed
council
denied
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guarnieri
overtime
department
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investigated
concluded
guarnieri
entitled
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council
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guarnieri
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instead
guarnieri
amended
complaint
encompass
denial
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guarnieri
alleged
lawsuit
petition
denial
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lawsuit
law
circuit
defendants
obtain
judgment
matter
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matter
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case
proceeded
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guarnieri
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argued
council
sending
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guarnieri
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lawsuit
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defendants
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found
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retaliation
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district
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attorney
fees
denied
defendants
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defendants
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guarnieri
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lawsuit
address
matters
public
concern
courts
outside
third
circuit
held
allegedly
retaliatory
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government
employers
government
employees
may
give
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petition
clause
unless
employee
petition
related
matter
public
concern
see
kirby
elizabeth
city
tang
rhode
island
dept
elderly
affairs
white
plains
towing
patterson
courts
rely
substantial
overlap
rights
speech
petition
justify
application
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petition
clause
claims
reason
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grievance
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government
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entitled
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employee
unless
dispute
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rejecting
view
appeals
affirmed
award
compensatory
damages
although
found
insufficient
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sustain
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punitive
damages
appeals
concluded
public
employee
petitioned
government
formal
mechanism
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lawsuit
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protected
petition
clause
retaliation
activity
even
petition
concerns
matter
solely
private
concern
fed
appx
quoting
foraker
chaffinch
decision
appeals
consistent
rule
adopted
explained
san
filippo
bongiovanni
granted
certiorari
resolve
conflict
courts
appeals
ii
public
employee
sues
government
employer
first
amendment
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clause
employee
must
show
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citizen
matter
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connick
myers
employee
speak
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federal
appropriate
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review
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ed
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dist
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connick
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see
also
keyishian
board
regents
univ
state
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accepts
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freedom
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government
substantial
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things
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power
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churchill
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consensual
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interest
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arises
petition
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premise
guarnieri
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protected
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confirm
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forums
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right
access
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redress
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aspect
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petition
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nlrb
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also
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bill
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california
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necessity
consider
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application
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guarnieri
easily
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guarnieri
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petition
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applied
generous
rule
following
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san
filippo
supra
guarnieri
deemed
entitled
protection
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petition
sham
rule
defendants
public
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clause
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presented
case
whether
history
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petition
clause
justify
imposition
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employee
invokes
protection
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say
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identical
mandate
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share
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right
speak
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cognate
rights
thomas
collins
see
also
wayte
accident
coincidence
rights
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press
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single
guaranty
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people
peaceably
assemble
petition
redress
grievances
thomas
speech
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integral
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necessarily
way
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citizens
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concerns
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exchange
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ideas
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objectives
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special
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author
government
usual
form
action
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address
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see
supra
opinion
mcdonald
smith
sometimes
interpreted
mean
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petition
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right
speak
mcdonald
held
speech
contained
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petition
subject
standards
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outside
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circumstances
found
sound
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granting
greater
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made
petition
first
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arise
cases
special
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sound
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rules
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define
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emphasis
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recognized
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claims
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supra
close
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rights
led
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apply
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developed
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petition
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claims
public
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explained
approach
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ground
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shape
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apply
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relevant
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proceed
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less
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interfere
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may
seek
achieve
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contravene
governmental
policies
impair
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functions
garcetti
government
must
authority
appropriate
circumstances
restrain
employees
use
petitions
frustrate
progress
towards
ends
hired
achieve
petition
like
forms
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bring
mission
employer
professionalism
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serious
disrepute
roe
public
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might
instance
use
courts
pursue
personal
vendettas
harass
members
general
public
behavior
cause
serious
breakdown
public
confidence
government
employees
speech
petition
directed
concerned
public
employees
serious
detrimental
effect
morale
petition
takes
form
lawsuit
government
employer
may
particularly
disruptive
unlike
speech
sorts
lawsuit
demands
response
mounting
defense
even
frivolous
claims
may
consume
time
resources
government
employer
outside
context
public
employment
recognized
petition
clause
protect
objectively
baseless
litigation
seeks
directly
business
relationships
competitor
professional
real
estate
investors
columbia
pictures
industries
quoting
eastern
railroad
presidents
conference
noerr
motor
freight
recognition
substantial
costs
imposed
litigation
congress
also
required
civil
rights
plaintiffs
whose
suits
frivolous
unreasonable
without
foundation
pay
attorney
fees
incurred
defendants
christiansburg
garment
eeoc
see
also
fed
rule
civ
proc
providing
sanctions
claims
presented
improper
purpose
frivolous
lacking
evidentiary
support
government
likewise
significant
interest
disciplining
public
employees
abuse
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process
unrestrained
application
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clause
context
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subject
wide
range
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operations
invasive
judicial
superintendence
employees
may
file
grievances
variety
employment
matters
including
working
conditions
pay
discipline
promotions
leave
vacations
terminations
see
brief
national
school
boards
association
amicus
curiae
every
government
action
response
present
potential
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constitutional
issue
judges
juries
asked
determine
whether
government
actions
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occasion
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questioned
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writing
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employee
grievance
garcetti
supra
quoting
connick
petition
clause
apply
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involved
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already
protection
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public
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file
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litigate
government
often
adopt
statutory
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rights
employees
improper
retaliation
discipline
preserving
important
government
interests
cf
garcetti
supra
noting
powerful
network
legislative
enactments
employees
sue
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state
employment
laws
often
benefit
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stat
tit
purdon
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subject
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designed
unique
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governments
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special
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particular
governmental
offices
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light
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interests
public
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surprising
petition
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claims
public
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limited
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protect
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functions
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beyond
speech
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explained
government
significantly
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dealings
citizen
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brings
sovereign
power
bear
citizens
large
engquist
oregon
dept
agriculture
see
also
nasa
nelson
slip
government
interest
managing
internal
affairs
requires
proper
restraints
invocation
rights
employees
workplace
government
employer
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may
reason
think
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fact
enumerate
several
historical
petitions
public
importance
ante
establish
tradition
given
redress
private
grievances
vastly
outnumbered
indeed
holding
contrary
historical
treatment
petition
clause
assuming
believes
clause
embraces
litigation
decided
innumerable
cases
establishing
constitutional
rights
respect
litigation
today
one
much
hinted
litigation
public
concern
enjoys
rights
litigation
private
concern
belief
social
importance
public
petitions
reminiscences
greats
yesteryear
justify
proclamation
special
constitutional
rights
public
petitions
constitution
establishes
constitutional
rights
justices
notions
important
top
numbers
petition
hit
parade
basis
believing
petition
clause
gives
special
protection
public
petitions
rather
shoehorning
public
concern
doctrine
clause
fit
hold
petition
clause
protects
public
employees
filing
petitions
unless
petitions
government
capacity
petitioners
employer
rather
capacity
sovereign
long
held
government
significantly
greater
leeway
dealings
citizen
employees
brings
sovereign
power
bear
citizens
large
ante
quoting
engquist
supra
internal
quotation
marks
omitted
apply
petition
clause
context
said
regarding
speech
clause
employee
files
petition
government
capacity
employer
acting
citize
first
amendment
purposes
relevant
analogue
petitions
citizens
government
employees
garcetti
ceballos
sure
line
petition
addressed
government
petitioner
employer
one
addressed
sovereign
always
clear
fuzzy
line
matters
private
matters
public
criterion
suggest
largely
resolve
legitimate
practical
concerns
identified
ante
recognizing
giving
effect
difference
speech
petition
clauses
think
proper
test
third
circuit
judgment
us
reversed
part
affirmed
part
portion
upholding
guarnieri
claim
retaliation
filed
union
grievance
must
reversed
union
grievance
epitome
petition
addressed
government
capacity
petitioner
employer
analogous
petitions
government
filed
private
citizens
even
permitted
avail
guarnieri
union
grievance
procedure
contrariwise
portion
judgment
upholding
guarnieri
claim
retaliation
filed
claim
must
affirmed
given
guarnieri
employee
federal
government
impossible
say
claim
addressed
government
capacity
employer
think
clear
retaliating
state
employee
writing
letter
congressman
state
job
run
afoul
petition
clause
assuming
lawsuit
treated
like
letter
congressman
petition
clause
purposes
proposition
emphasize
doubtful
parties
dispute
case
retaliation
filed
lawsuit
also
violates
clause
footnotes
respondent
agree
since
cited
case
argument
earliest
tr
oral
arg
however
three
cases
adverted
vaguely
lawsuits
involving
right
petition
see
mine
workers
illinois
bar
trainmen
virginia
ex
rel
virginia
state
bar
naacp
button
compare
alpha
energy
savers
hansen
testimony
concerning
claim
employment
discrimination
government
contractor
constituted
matter
public
concern
itigation
seeking
expose
wrongful
governmental
activity
nature
matter
public
concern
padilla
south
harrison
school
teacher
testimony
approving
sexual
relationship
teacher
minor
matter
private
concern
relate
teacher
legitimate
disagreement
school
board
policies
compare
voigt
savell
speech
regarding
judge
handled
two
internal
personnel
matters
matter
public
concern
public
interest
knowing
whether
treats
job
applicants
fairly
maggio
sipple
testimony
hearing
concerning
employee
grievance
matter
private
concern
allege
fraud
corruption
defendant
implementation
personnel
policies
appeal
procedures