garcetti et al ceballos argued october decided may respondent ceballos supervising deputy district attorney asked defense counsel review case counsel claimed affidavit police used obtain critical search warrant inaccurate concluding review affidavit made serious misrepresentations ceballos relayed findings supervisors petitioners followed disposition memorandum recommending dismissal petitioners nevertheless proceeded prosecution hearing defense motion challenge warrant ceballos recounted observations affidavit trial rejected challenge claiming petitioners retaliated memo violation first fourteenth amendments ceballos filed suit district granted petitioners summary judgment ruling inter alia memo protected speech ceballos wrote pursuant employment duties reversing ninth circuit held memo allegations protected first amendment analysis pickering board ed township high school dist connick myers held public employees make statements pursuant official duties speaking citizens first amendment purposes constitution insulate communications employer discipline pp two inquiries guide interpretation constitutional protections accorded public employee speech first requires determining whether employee spoke citizen matter public concern see pickering supra answer employee first amendment cause action based employer reaction speech see connick supra answer yes possibility first amendment claim arises question becomes whether government employer adequate justification treating employee differently member general public see pickering supra consideration reflects importance relationship speaker expressions employment without significant degree control employees words actions government employer little chance provide public services efficiently cf connick supra thus government entity broader discretion restrict speech acts employer role restrictions imposes must directed speech potential affect operations hand citizen works government nonetheless still citizen first amendment limits public employer ability leverage employment relationship restrict incidentally intentionally liberties employees enjoy capacities private citizens see perry sindermann long employees speaking citizens matters public concern must face speech restrictions necessary employers operate efficiently effectively see connick supra pp proper application precedents leads conclusion first amendment prohibit managerial discipline based employee expressions made pursuant official responsibilities ceballos memo falls category allegation unconstitutional retaliation must fail dispositive factor ceballos expressed views inside office rather publicly see givhan western line consol school memo concerned subject matter employment see pickering result consistent prior emphasis potential societal value employee speech affording government employers sufficient discretion manage operations ceballos proposed contrary rule adopted ninth circuit commit state federal courts new permanent intrusive role mandating judicial oversight communications among government employees superiors course official business displacement managerial discretion judicial supervision finds support precedents doctrinal anomaly appeals perceived compelling public employers tolerate certain employee speech made publicly speech made pursuant employee assigned duties misconceives theoretical underpinnings decisions unfounded practical matter pp exposing governmental inefficiency misconduct matter considerable significance various measures adopted protect employees provide checks supervisors order unlawful otherwise inappropriate actions include federal state protection laws labor codes government attorneys rules conduct constitutional obligations apart first amendment however precedents support existence constitutional cause action behind every statement public employee makes course job pp reversed remanded kennedy delivered opinion roberts scalia thomas alito joined stevens filed dissenting opinion souter filed dissenting opinion stevens ginsburg joined breyer filed dissenting opinion gil garcetti et petitioners richard ceballos writ certiorari appeals ninth circuit may justice kennedy delivered opinion well settled state condition public employment basis infringes employee constitutionally protected interest freedom expression connick myers question presented instant case whether first amendment protects government employee discipline based speech made pursuant employee official duties respondent richard ceballos employed since deputy district attorney los angeles county district attorney office period relevant case ceballos calendar deputy office pomona branch capacity exercised certain supervisory responsibilities lawyers february defense attorney contacted ceballos pending criminal case defense attorney said inaccuracies affidavit used obtain critical search warrant attorney informed ceballos filed motion traverse challenge warrant also wanted ceballos review case according ceballos unusual defense attorneys ask calendar deputies investigate aspects pending cases examining affidavit visiting location described ceballos determined affidavit contained serious misrepresentations affidavit called long driveway ceballos thought referred separate roadway ceballos also questioned affidavit statement tire tracks led truck premises covered warrant doubts arose conclusion roadway composition places made difficult impossible leave visible tire tracks ceballos spoke telephone warrant affiant deputy sheriff los angeles county sheriff department receive satisfactory explanation perceived inaccuracies relayed findings supervisors petitioners carol najera frank sundstedt followed preparing disposition memorandum memo explained ceballos concerns recommended dismissal case march ceballos submitted memo sundstedt review days later ceballos presented sundstedt another memo one describing second telephone conversation ceballos warrant affiant based ceballos statements meeting held discuss affidavit attendees included ceballos sundstedt najera well warrant affiant employees sheriff department meeting allegedly became heated one lieutenant sharply criticizing ceballos handling case despite ceballos concerns sundstedt decided proceed prosecution pending disposition defense motion traverse trial held hearing motion ceballos called defense recounted observations affidavit trial rejected challenge warrant ceballos claims aftermath events subjected series retaliatory employment actions actions included reassignment calendar deputy position trial deputy position transfer another courthouse denial promotion ceballos initiated employment grievance grievance denied based finding suffered retaliation unsatisfied ceballos sued district central district california asserting relevant claim rev stat alleged petitioners violated first fourteenth amendments retaliating based memo march petitioners responded retaliatory actions taken ceballos actions complained explained legitimate reasons staffing needs contended event ceballos memo protected speech first amendment petitioners moved summary judgment district granted motion noting ceballos wrote memo pursuant employment duties concluded entitled first amendment protection memo contents held alternative even ceballos speech constitutionally protected petitioners qualified immunity rights ceballos asserted clearly established appeals ninth circuit reversed holding ceballos allegations wrongdoing memorandum constitute protected speech first amendment reaching conclusion looked first amendment analysis set forth pickering board ed township high school dist connick connick instructs courts begin considering whether expressions question made speaker citizen upon matters public concern see appeals determined ceballos memo recited thought governmental misconduct inherently matter public concern however consider whether speech made ceballos capacity citizen rather relied circuit precedent rejecting idea public employee speech deprived first amendment protection whenever views expressed government workers others pursuant employment responsibility citing cases including roth veteran admin govt concluded ceballos memo satisfied requirement appeals proceeded balance ceballos interest speech supervisors interest responding see pickering supra struck balance ceballos favor noting petitioners failed even suggest disruption inefficiency workings district attorney office result memo see concluded ceballos first amendment rights clearly established petitioners actions objectively reasonable see judge specially concurred agreeing panel decision compelled circuit precedent nevertheless concluded circuit law revisited overruled see judge emphasized distinction speech offered public employee acting employee carrying ordinary job duties spoken employee acting citizen expressing personal views disputed matters public import view public employees speak course carrying routine required employment obligations personal interest content speech gives rise first amendment right granted certiorari reverse ii decisions noted many years unchallenged dogma public employee right object conditions placed upon terms employment including restricted exercise constitutional rights connick treasury employees pickering provides useful starting point explaining doctrine relevant speech teacher letter local newspaper addressing issues including funding policies school board problem case stated arrive balance interests teacher citizen commenting upon matters public concern interest state employer promoting efficiency public services performs employees found teacher speech neither shown presumed way either impeded teacher proper performance daily duties classroom interfered regular operation schools generally omitted thus concluded interest school administration limiting teachers opportunities contribute public debate significantly greater interest limiting similar contribution member general public pickering cases decided wake identify two inquiries guide interpretation constitutional protections accorded public employee speech first requires determining whether employee spoke citizen matter public concern see answer employee first amendment cause action based employer reaction speech see connick supra answer yes possibility first amendment claim arises question becomes whether relevant government entity adequate justification treating employee differently member general public see pickering consideration reflects importance relationship speaker expressions employment government entity broader discretion restrict speech acts role employer restrictions imposes must directed speech potential affect entity operations sure conducting inquiries sometimes proved difficult necessary product enormous variety fact situations critical statements teachers public employees may thought superiors furnish grounds dismissal overarching objectives though evident citizen enters government service citizen necessity must accept certain limitations freedom see waters churchill plurality opinion government employer indeed far broader powers government sovereign government employers like private employers need significant degree control employees words actions without little chance efficient provision public services cf connick supra overnment offices function every employment decision became constitutional matter public employees moreover often occupy trusted positions society speak express views contravene governmental policies impair proper performance governmental functions time recognized citizen works government nonetheless citizen first amendment limits ability public employer leverage employment relationship restrict incidentally intentionally liberties employees enjoy capacities private citizens see perry sindermann long employees speaking citizens matters public concern must face speech restrictions necessary employers operate efficiently effectively see connick supra responsibility ensure citizens deprived fundamental rights virtue working government jurisprudence protects course constitutional rights public employees yet first amendment interests stake extend beyond individual speaker acknowledged importance promoting public interest receiving views government employees engaging civic discussion pickering provides instructive example characterized holding rejecting attempt school administrators limi teachers opportunities contribute public debate per curiam public employees able speak operation employers community deprived informed opinions important public issues interest stake much public interest receiving informed opinion employee right disseminate citation omitted cf treasury employees disincentive government employees expression also imposes significant burden public right read hear employees otherwise written said decisions sought promote individual societal interests served employees speak citizens matters public concern respect needs government employers attempting perform important public functions see rankin recognizing dual role public employer provider public services government entity operating constraints first amendment underlying cases premise first amendment invests public employees certain rights empower constitutionalize employee grievance connick iii principles mind turn instant case respondent ceballos believed affidavit used obtain search warrant contained serious misrepresentations conveyed opinion recommendation memo supervisor ceballos expressed views inside office rather publicly dispositive employees cases may receive first amendment protection expressions made work see givhan western line consol school many citizens much talking inside respective workplaces serve goal treating public employees like member general public pickering hold speech within office automatically exposed restriction memo concerned subject matter ceballos employment nondispositive first amendment protects expressions related speaker job see ibid givhan supra noted pickering teachers class members community likely informed definite opinions funds allotted operation schools spent accordingly essential able speak freely questions without fear retaliatory dismissal true many categories public employees controlling factor ceballos case expressions made pursuant duties calendar deputy see brief respondent ceballos dispute prepared memorandum duties consideration fact ceballos spoke prosecutor fulfilling responsibility advise supervisor best proceed pending case distinguishes ceballos case first amendment provides protection discipline hold public employees make statements pursuant official duties employees speaking citizens first amendment purposes constitution insulate communications employer discipline ceballos wrote disposition memo part calendar deputy employed immaterial whether experienced personal gratification writing memo first amendment rights depend job satisfaction significant point memo written pursuant ceballos official duties restricting speech owes existence public employee professional responsibilities infringe liberties employee might enjoyed private citizen simply reflects exercise employer control employer commissioned created cf rosenberger rector visitors univ hen government appropriates public funds promote particular policy entitled say wishes contrast example expressions made speaker pickering whose letter newspaper official significance bore similarities letters submitted numerous citizens every day ceballos act citizen went conducting daily professional activities supervising attorneys investigating charges preparing filings way speak citizen writing memo addressed proper disposition pending criminal case went work performed tasks paid perform ceballos acted government employee fact duties sometimes required speak write mean supervisors prohibited evaluating performance result consistent precedents attention potential societal value employee speech see supra refusing recognize first amendment claims based government employees work product prevent participating public debate employees retain prospect constitutional protection contributions civic discourse prospect protection however invest right perform jobs however see fit holding likewise supported emphasis precedents affording government employers sufficient discretion manage operations employers heightened interests controlling speech made employee professional capacity official communications official consequences creating need substantive consistency clarity supervisors must ensure employees official communications accurate demonstrate sound judgment promote employer mission ceballos memo illustrative demanded attention supervisors led heated meeting employees sheriff department ceballos superiors thought memo inflammatory misguided authority take proper corrective action ceballos proposed contrary rule adopted appeals commit state federal courts new permanent intrusive role mandating judicial oversight communications among government employees superiors course official business displacement managerial discretion judicial supervision finds support precedents employee speaks citizen addressing matter public concern first amendment requires delicate balancing competing interests surrounding speech consequences however employee simply performing job duties warrant similar degree scrutiny hold otherwise demand permanent judicial intervention conduct governmental operations degree inconsistent sound principles federalism separation powers appeals based holding part perceived doctrinal anomaly suggested inconsistent compel public employers tolerate certain employee speech made publicly speech made pursuant employee assigned duties see objection misconceives theoretical underpinnings decisions employees make public statements outside course performing official duties retain possibility first amendment protection kind activity engaged citizens work government goes writing letter local newspaper see pickering discussing politics see rankin public employee speaks pursuant employment responsibilities however relevant analogue speech citizens government employees appeals concern also unfounded practical matter perceived anomaly noted limited scope relates expressions employee makes pursuant official responsibilities statements complaints issue cases like pickering connick made outside duties employment moreover government employer troubled perceived anomaly means hand avoid public employer wishes encourage employees voice concerns privately retains option instituting internal policies procedures receptive employee criticism giving employees internal forum speech discourage concluding safest avenue expression state views public proper application precedents thus leads conclusion first amendment prohibit managerial discipline based employee expressions made pursuant official responsibilities ceballos memo falls category allegation unconstitutional retaliation must fail two final points warrant mentioning first indicated parties case dispute ceballos wrote disposition memo pursuant employment duties thus occasion articulate comprehensive framework defining scope employee duties cases room serious debate reject however suggestion employers restrict employees rights creating excessively broad job descriptions see post souter dissenting proper inquiry practical one formal job descriptions often bear little resemblance duties employee actually expected perform listing given task employee written job description neither necessary sufficient demonstrate conducting task within scope employee professional duties first amendment purposes second justice souter suggests today decision may important ramifications academic freedom least constitutional value see post argument expression related academic scholarship classroom instruction implicates additional constitutional interests fully accounted customary jurisprudence need reason decide whether analysis conduct today apply manner case involving speech related scholarship teaching iv exposing governmental inefficiency misconduct matter considerable significance noted connick public employers matter good judgment receptive constructive criticism offered employees imperatives well obligations arising applicable constitutional provisions mandates criminal civil laws protect employees provide checks supervisors order unlawful otherwise inappropriate actions reject however notion first amendment shields discipline expressions employees make pursuant professional duties precedents support existence constitutional cause action behind every statement public employee makes course job judgment appeals reversed case remanded proceedings consistent opinion ordered gil garcetti et petitioners richard ceballos writ certiorari appeals ninth circuit may justice stevens dissenting proper answer question whether first amendment protects government employee discipline based speech made pursuant employee official duties ante sometimes never course supervisor may take corrective action speech inflammatory misguided ante unwelcome speech reveals facts supervisor rather anyone else discover justice souter explains public employees still citizens office notion categorical difference speaking citizen speaking course one employment quite wrong quarter century passed since rehnquist writing unanimous rejected conclusion public employee forfeits protection governmental abridgment freedom speech decides express views privately rather publicly givhan western line consol school difficulty recognizing first amendment applied bessie givhan english teacher raised concerns school racist employment practices principal see silence whether speech made pursuant job duties demonstrates point immaterial equally true today senseless let constitutional protection exactly words hinge whether fall within job description moreover seems perverse fashion new rule provides employees incentive voice concerns publicly talking frankly superiors today novel conclusion contrary may inflammatory reasons stated justice souter dissenting opinion surely misguided gil garcetti et petitioners richard ceballos writ certiorari appeals ninth circuit may justice souter justice stevens justice ginsburg join dissenting holds public employees make statements pursuant official duties employees speaking citizens first amendment purposes constitution insulate communications employer discipline ante respectfully dissent agree majority government employer substantial interests effectuating chosen policy objectives demanding competence honesty judgment employees speak work hold private public interests addressing official wrongdoing threats health safety outweigh government stake efficient implementation policy public employees speak matters course duties eligible claim first amendment protection open speech private citizen matter public importance lies heart expression subject protection first amendment see schenck network western extreme statement government employee complaining nothing beyond treatment personnel rules raises greater claim constitutional protection retaliatory response remarks private employee see connick myers points lies public employee speech unwelcome government significant public issue employee speaking citizen citizen interest protected reprisal unless statements damaging government capacity conduct public business justified individual public benefit thought flow statements pickering board ed township high school dist entitlement protection thus absolute significant albeit qualified protection public employees irritate government understood flow first amendment part government paycheck nothing eliminate value individual speaking public matters good reason categorically discounting speaker interest commenting matter public concern government employs still first amendment safeguard rests something value public receiving opinions information public employee may disclose government employees often best position know ails agencies work waters churchill reason protection employee speech qualified distract supervisors tasks hand thwart implementation legitimate policy risks grow greater closer employee speech gets commenting workplace responsibilities one thing office clerk say waste government quite another charge department pays salaries workers even regarded eligibility protection pickering balancing proper approach employee speaks critically administration government employer givhan western line consol school followed pickering teacher fired complaining superior racial composition school administrative cafeteria library staffs case decided part reference pickering framework held schoolteacher speaking behalf others public school board meeting penalized criticizing pending negotiations affecting professional employment madison noted teacher addressed school board merely one employees also concerned citizen seeking express views important decision government case realized public employee wear citizen hat speaking subjects closely tied employee job givhan stands conclusion even speech addressed public large cf pegram herdrich recognizing factually trustee employee retirement income security act act erisa fiduciary act behalf employer difference case like givhan one subject ceballos speech fell within scope job responsibilities whereas choosing personnel teacher hired effect majority constitutional line two cases givhan schoolteacher protected complaining principal hiring policy school personnel officer protested principal disapproved hiring minority job applicants odd place draw necessary judicial sometimes looks arbitrary distinction obliges justify choice adequate justification majority line categorically denying pickering protection speech uttered pursuant official duties ante agree qualified speech protection embodied pickering balancing resolves tension individual public interests speech one hand government interest operating efficiently without distraction embarrassment talkative employees need balance hardly disappears employee speaks matters job requires address rather seems obvious individual public value speech less may well greater employee speaks pursuant duties addressing subject knows intimately reason falls within importance speech individual stands reason citizen may well place high value right speak public issues decides make subject work day day anyone doubt school principal evaluating performance teachers promotion pay adjustment retains citizen interest addressing quality teaching schools still majority indicates fired without first amendment recourse fair unfavorable comment teacher review superintendent daughter anyone deny prosecutor like richard ceballos may claim interest citizen speaking rogue law enforcement officer simply job requires express judgment officer performance majority says first amendment gives ceballos protection even judgment case sound appropriately expressed indeed idea categorically separating citizen interest employee interest ignores fact ranks public service include share poet object unite avocation vocation citizen servants ones whose civic interest rises highest speak pursuant duties exactly ones government employers want question public employees speaking matters obliged address generally place high value right speak responsible citizen reason raise counterintuitive question whether public interest hearing informed employees evaporates speak required subject core jobs two terms ago recalled public value pickering perceived speech public employees class underlying decision pickering recognition public employees often members community likely informed opinions operations public employers operations substantial concern public able speak matters community deprived informed opinions important public issues interest stake much public interest receiving informed opinion employee right disseminate san diego roe per curiam citation omitted whit less true employee job duties require speak things example public auditor speaks discovery embezzlement public funds building inspector makes obligatory report attempt bribe law enforcement officer expressly balks superior order violate constitutional rights sworn protect majority however places speakers beyond reach first amendment protection retaliation nothing accountable individual public side pickering balance changes employee speaks pursuant public duties side government employer however something different extent agree majority majority rightly concerned employee speaks matters subject comment work greater leverage create office uproars fracture government authority set policy carried coherently ranks official communications official consequences creating need substantive consistency clarity supervisors must ensure employees official communications accurate demonstrate sound judgment promote employer mission ante point majority makes good points government needs civility workplace consistency policy honesty competence public service majority concerns share require categorical exclusion first amendment protection official retaliation things said job possible respect unchallenged individual public interests speech pickering balance without drawing strange line mentioned supra sure matter judgment judgment account undoubted value speech whose specific public job responsibilities bring face face wrongdoing incompetence government refuse avert eyes shut mouths account need actually disrupt government officials corrupt dangerously incompetent see supra thus adequate justification suppression potentially valuable information simply recognize government huge interest managing employees preventing occasionally irresponsible one turning job bully pulpit even lesson pickering object constitutional adjudication still point constitutionally significant interests clash resist demand try make adjustments serve values stake two reasons particular make think adjustment using basic pickering balancing scheme perfectly feasible first extent government legitimate authority subjects speech required public job recognized advance setting effect minimum heft comments claim outweigh thus risks government great enough us hold outset employee commenting subjects course duties prevail balance unless speaks matter unusual importance satisfies high standards responsibility way examples already given indicate eligible subject matter fair say comment official dishonesty deliberately unconstitutional action serious wrongdoing threats health safety weigh employee favor promulgation standard fail discourage meritless actions premised bivens six unknown fed narcotics agents get filed standard sift second reason adapting pickering circumstances hand experience circuits recognized claims like ceballos first amendment protection less circumscribed recognize available ninth circuit years neither circuits accept claims like one debilitating flood litigation indeed represented ceballos lawyer oral argument year last five years approximately cases different courts appeals approximately various district courts tr oral arg even figures reflect readiness litigate might well cooled view importance required pickering treatment order matter majority position comes guarantee factbound litigation whether public employee statements made pursuant official duties ante fact majority invites litigation describing enquiry practical one ante apparently based totality employment see supra prosecutors discretionary statements cases addressed press courthouse steps made pursuant official duties government nuclear scientists complaints supervisors colleague improper handling radioactive materials made pursuant duties ii majority seeks support two lines argument extraneous pickering doctrine one turns fallacious reading cases government speech mistaken assessment protection available statutes majority accepts fallacy propounded county petitioners federal government amicus statement made within scope public employment treated government speech see ante thus differentiated matter law personal statements first amendment protects see broadrick oklahoma majority invokes interpretation set rosenberger rector visitors univ rust sullivan held infringement speech rights title funds recipients staffs government forbade counseling favor abortion method family planning read rust mean government appropriates public funds promote particular policy entitled say wishes rosenberger supra key understanding difference case rust lies terms respective employees jobs particular extent terms require espousal substantive position prescribed government advance public employees hired promote particular policy broadcasting particular message set government everyone working government hired speak government manifesto see legal services corporation velazquez claim indication ceballos hired perform speaking assignment paid enforce law constitutional action exercise county government prosecutorial power acting honestly competently constitutionally sense position apparently required hew substantive message relatively abstract point favoring respect law evenhanded enforcement subjects level controversy case rust unlike doctors rust ceballos paid advance one specific policy among legitimately available defined specific message limited particular message forbidden county government interest speech therefore equated terms specific prescribed forbidden substantive position comparable federal government interest rust rust authority notion government may exercise plenary control every comment made public employee job course district attorney lacked interest high order ceballos might say speech undercut effective lawful prosecution every reason rein fire statement created needless tension among law enforcement agencies fair subject concern true inaccurate statements false ones made course work interests government part entirely distinct claim ceballos speech government speech preset proscribed content exemplified rust county petitioners even make claim answer ceballos complaint see infra fallacy majority reliance rosenberger understanding rust doctrine moreover portends bloated notion controllable government speech going well beyond circumstances case consider breadth new formulation restricting speech owes existence public employee professional responsibilities infringe liberties employee might enjoyed private citizen simply reflects exercise employer control employer commissioned created ante ostensible domain beyond pale first amendment spacious enough include even teaching public university professor hope today majority mean imperil first amendment protection academic freedom public colleges universities whose teachers necessarily speak write pursuant official duties see grutter bollinger long recognized given important purpose public education expansive freedoms speech thought associated university environment universities occupy special niche constitutional tradition keyishian board regents univ state nation deeply committed safeguarding academic freedom transcendent value us merely teachers concerned freedom therefore special concern first amendment tolerate laws cast pall orthodoxy classroom vigilant protection constitutional freedoms nowhere vital community american quoting shelton tucker sweezy new hampshire governmental enquiry contents scholar lectures state university unquestionably invasion liberties areas academic freedom political expression areas government extremely reticent tread majority second argument disputed limitation pickering doctrine first amendment little work owing assertedly comprehensive complement state national statutes protecting government vindictive bosses see ante even close eyes tenet applicability provision constitution never depended vagaries state federal law board wabaunsee cty umbehr majority counsel rest easy fails begin speech addressing official wrongdoing may well fall outside protected defined classic sense exposing official fault third party public teacher givhan example raised issue unconstitutional hiring bias qualified sort fired private conversation school principal event combined variants statutory definitions protections add patchwork showing worries may remitted legislatures relief see westman modesitt whistleblowing law retaliatory discharge ed state statutes protect government workers including employees municipalities subdivisions others stop state limit protection employees tell bosses speak others forbid bosses imposing requirement federal whistleblower protection act et current case law requires employee complaining retaliation show proof person criticized acting good faith compliance law see lachance white ca fed cert denied federal employees held protection disclosures made immediate supervisors see willis department agriculture ca fed horton department navy ca fed cert denied statements facts publicly known already see francisco office personnel management ca fed significantly federal employees held unprotected statements made connection normal employment duties huffman office personnel management ca fed speech majority says covered powerful network legislative enactments available seek expose wrongdoing ante point disparage particular statutes speak merits interpretations federal courts merely show current understanding statutory protection individuals sorts governmental jobs saying sorts things addressed civic concerns get different protection depending local state federal jurisdictions happened employ iii remands appeals considered disposition memorandum ceballos charges retaliation speech apparently outside ambit utterances pursuant official duties appeals takes case consider following facts escape emphasis majority opinion owing ceballos says sought position personal commitment perform civic work showing superior petitioner frank sunstedt disposition memorandum issue case ceballos complied sunstedt direction tone accusatory rhetoric concern memorandum unnecessarily incendiary shown sheriff department meeting members department ceballos told immediate supervisor petitioner carol najera thought brady maryland obliged give defense internal memorandum exculpatory evidence says najera responded ordering write new memorandum containing nothing deputy sheriff statements balked instead proposed turn existing memorandum conclusions redacted work product issue revealing conclusions arose preparing suppression hearing ceballos maintains sunstedt ordered najera representing prosecution give trial judge full picture circumstances najera told ceballos suffer retaliation testified affidavit contained intentional fabrications event ceballos testimony generally stopped short conclusions hearing trial judge denied motion suppress explaining found grounds independent challenged material sufficient show probable cause warrant ceballos says next six months supervisors retaliated written reports see ante also spoken statements hearing testimony pending criminal case internal grievance filed ceballos challenging actions pending ceballos spoke meeting bar association misconduct sheriff department criminal case lack policy district attorney office handling allegations police misconduct retaliatory acts ascribed supervisors two days later office dismissed ceballos grievance result attributes part bar association speech ceballos action petitioners claims individuals retaliated exercising first amendment rights submitting memorandum discussing matter najera sunstedt testifying truthfully hearing speaking bar mentioned appeals saw need address protection afforded ceballos statements disposition memorandum thought protected pickering test upon remand open appeals consider application pickering retaliation shown statements statements made pursuant official duties obvious sense claim relating truthful testimony must surely analyzed independently protect integrity judicial process gil garcetti et petitioners richard ceballos writ certiorari appeals ninth circuit may justice breyer dissenting case asks whether first amendment protects public employees engage speech involves matters public concern takes place ordinary course performing duties government job write separately explain fully accept either justice souter answer question presented begin believe common ground virtually human interaction takes place speech first amendment offer speech degree protection rather judges must apply different protective presumptions different contexts scrutinizing government restrictions differently depending upon general category activity compare burson freeman plurality opinion political speech central hudson gas elec public serv commercial speech rust sullivan government speech speech government employees issue first amendment offers protection offer protection unduly interfere legitimate governmental interests interest efficient administration government like employer must adequate authority direct activities employees also efficient administration legislatively authorized programs reflects constitutional need effectively implement public democratically determined consequently government employee speaks employee upon matters personal interest first amendment offer protection connick myers employee speaks citizen upon matters public concern first amendment offers protection speech survives screening test pickering board ed township high school dist test called legal shorthand pickering balancing requires judge balance interests employee commenting upon matters public concern interest state employer promoting efficiency public services performs employees ibid see also connick supra prior cases decide screening test judge apply circumstances us namely government employee speaks upon matter public concern course ordinary duties government employee ii majority answers question holding public employees make statements pursuant official duties employees speaking citizens first amendment purposes constitution insulate communications employer discipline ante word majority says never word view absolute like majority understand need affor government employers sufficient discretion manage operations ante agree constitution seek displac managerial discretion judicial supervision ibid nonetheless may well circumstances special demand constitutional protection speech issue governmental justifications may limited administrable standards seem readily available point majority fears department management lawsuit misplaced instance believe courts apply pickering standard even though government employee speaks upon matters public concern course ordinary duties case respondent government lawyer complained retaliation part basis speech contained disposition memorandum says fell within scope obligations brady maryland facts present two special circumstances together justify first amendment review first speech issue professional speech speech lawyer speech subject independent regulation canons profession canons provide obligation speak certain instances government interest forbidding speech diminished cf legal services corporation velazquez restricting lsc legal services corporation attorneys advising clients presenting arguments analyses courts distorts legal system altering traditional role attorneys see also polk county dodson public defender amenable administrative direction sense employees state see generally post subsidized speech yale rofessionals must always qualify loyalty commitment vertical hierarchy organization horizontal commitment general professional norms standards objective specificity public availability profession canons also help diminish risk courts improperly interfere government necessary authority manage work second constitution imposes speech obligations upon government professional employee prosecutor constitutional obligation learn preserve communicate defense exculpatory impeachment evidence government possession kyles whitley brady supra example might prison doctor similar constitutionally related professional obligation communicate superiors seriously unsafe unsanitary conditions cellblock cf farmer brennan may well examples professional special constitutional obligations present need protect employee speech augmented need broad government authority control speech likely diminished administrable standards quite likely available hence find constitution mandates special protection employee speech circumstances thus apply pickering balancing test iii agree much justice souter analysis believe constitutional standard enunciates fails give sufficient weight serious managerial administrative concerns majority describes standard instruct courts apply pickering balancing cases says government prevail unless employee speaks matter unusual importance satisfies high standards responsibility way ante dissenting opinion justice souter adds comment official dishonesty deliberately unconstitutional action serious wrongdoing threats health safety weigh employee favor however far many issues public concern even defined matters unusual importance screen screen much government administration typically involves matters public concern else government involved public issues indeed matters unusual importance often daily concerns police intelligence agencies military many whose jobs involve protecting public health safety environment aspect justice souter adjustment basic pickering balancing scheme similar present insistence speech legitimate news interest employee speaks private citizen see san diego roe per curiam gives extra weight government augmented need direct speech ordinary part employee duties moreover speech vast numbers public employees deals wrongdoing health safety honesty example police officers firefighters environmental protection agents building inspectors hospital workers bank regulators indeed categorization encompass speech employee performing almost public function except perhaps setting electricity rates categories bear obvious relation constitutional importance protecting speech issue underlying problem breadth coverage standard despite predictions government likely prevail balance unless speech concerns official dishonesty deliberately unconstitutional action serious wrongdoing threats health safety ante avoid judicial need undertake balance first place form judicial activity ability dissatisfied employee file complaint engage discovery insist undertake balancing interests may interfere unreasonably managerial function ability employer control way employee performs basic job use mechanisms arbitration civil service review boards remedies employees employers may bargained legislatures may enacted time list categories substantially overlaps areas law already provides nonconstitutional protection statutes like see ante majority opinion ante souter dissenting overlap diminishes need constitutional forum also means adoption test authorize federal legal actions threaten upset legislatively struck administratively struck balance statutes administrative procedures embody iv conclude first amendment sometimes authorize judicial actions based upon government employee speech involves matter public concern also takes place course ordinary duties presence augmented need constitutional protection diminished risk undue judicial interference governmental management public affairs view conditions met case pickering balancing consequently appropriate respect dissent footnotes see branton dallas police internal investigator demoted police chief bringing false testimony fellow officer attention city official miller jones police officer demoted opposing police chief attempt us official position coerce financially independent organization potentially ruinous merger delgado jones police officer sanctioned reporting criminal activity implicated local political figure good friend police chief herts smith school district official contract renewed gave frank testimony district desegregation efforts kincade blue springs engineer fired reporting supervisors contractors failing complete projects resulting dam might structurally unstable fox district columbia cadc lottery board security officer fired informing police theft made possible rather drastic managerial ineptitude footnotes seems stranger still light majority concession first amendment protection public employee repeats statements made pursuant duties separate public forum letter newspaper ante say value speech pursuant duties always greater pessimistic enough expect one response holding moves government employers expand stated job descriptions include official duties exclude even currently protectable speech first amendment purview government freely penalize school personnel officer criticizing principal speech subject falls within personnel officer job responsibilities government may well try limit english teacher options simple expedient defining teachers job responsibilities expansively investing general obligation ensure sound administration school hence today rule presents regrettable prospect protection pickering board ed township high school dist may diminished expansive statements employment duties majority response enquiry determine duties practical one ante alleviate concern sets standard discourage government employers setting duties expansively engender litigation decide stated duties actual merely formal frost two tramps mud time collected poems prose plays poirier richardson eds put fine point human resources division los angeles county district attorney office ceballos employer telling anyone listen work provides personal satisfaction fulfillment comes knowing contributing essential services citizens los angeles county career opportunities http internet materials visited may available clerk case file expresses interest identifying individual ideals citizen employees obligations government see brief amicus curiae stating public employees motivated perform duties serve public right example food drug administration appealing physicians scientists statisticians work center drug evaluation research message give back community state country making difference lives americans everywhere career opportunities cder make difference http indeed congress concurrent resolution previously expressly endorsed respect citizen obligations prime responsibility government employees person government service ut loyalty highest moral principles country loyalty persons party government department shall xpose corruption wherever discovered code ethics government service con res stat display code government buildings required law stat obligation repealed office government ethics authorization act pub stat also said public employer entitled obliged impose high standards honesty accuracy judgment employees speak work criteria however likely discourage meritless litigation provide handle summary judgment employee spoken example unlikely blame prior bad judgment sues retaliation according majority logic litigation encourages unfortunate result demand ing permanent judicial intervention conduct governmental operations ante even though recognized authorize suit every alleged violation federal law livadas bradshaw rule remains generally presumptively available remedy claimed violations federal law individual enforcement rendered unavailable alleged violations federal law underlying statutory provision part federal statutory scheme clearly incompatible individual enforcement see rancho palos verdes abrams del code tit stat haw rev stat rev stat ann west mass laws ch west rev stat rev stat ann supp ohio rev code ann lexis code ann cum code et seq rev stat et seq iowa code ann et seq stat ann cum supp mo rev stat cum supp stat ann lexis okla tit et seq west supp rev code wyo stat ann idaho code lexis rev stat tit mass laws ch west rev stat ann ii stat ann west civ serv law ann west wyo stat ann stat ann cum supp rev stat ann west mo rev stat cum supp okla tit west supp rev stat see supra case comes motions petitioners summary judgment evidence ceballos believed justifiable inferences drawn favor anderson liberty lobby sunstedt demoted ceballos trial deputy murder case reassigned junior colleague experience homicide matters new murder cases assigned attorney gil garcetti relying part sunstedt recommendation denied ceballos promotion finally sunstedt najera transferred office el monte branch requiring longer commuting transferring ceballos najera offered choice transferring remaining pomona branch prosecuting misdemeanors instead felonies ceballos refused choose najera transferred county petitioners position claims difficult follow least puzzling motion summary judgment denied actions responsive ceballos criticism sheriff affidavit app maintaining ceballos transferred el monte branch decreased workload pomona branch next rotation go serve filing deputy contending ceballos murder case reassigned junior colleague give attorney murder trial experience transferred juvenile division district attorney office arguing ceballos denied promotion garcetti despite sunstedt stellar review ceballos garcetti unaware matter people cuskey criminal case ceballos wrote pertinent disposition memorandum reply ceballos opposition summary judgment however shows petitioners argued pickering assessment want holding ceballos categorically disentitled first amendment protection giving great weight favor workplace disharmony distrust caused ceballos actions app