connick myers argued november decided april respondent employed assistant district attorney new orleans responsibility trying criminal cases petitioner district attorney proposed transfer respondent prosecute cases different section criminal strongly opposed transfer expressing view several supervisors including petitioner shortly thereafter prepared questionnaire distributed assistant district attorneys office concerning office transfer policy office morale need grievance committee level confidence supervisors whether employees felt pressured work political campaigns petitioner informed respondent terminated refusal accept transfer also told distribution questionnaire considered act insubordination respondent filed suit federal district supp alleging wrongfully discharged exercised constitutionally protected right free speech district agreed ordered reinstated awarded backpay damages attorney fees finding questionnaire refusal accept transfer real reason respondent termination held questionnaire involved matters public concern state clearly demonstrated questionnaire interfered operation district attorney office appeals affirmed held respondent discharge offend first amendment pp determining public employee rights free speech problem arrive balance interests employee citizen commenting upon matters public concern interest state employer promoting efficiency public services performs employees pickering board education public employee speaks citizen upon matters public concern instead employee upon matters personal interest absent unusual circumstances federal appropriate forum review wisdom personnel decision taken public agency allegedly reaction employee behavior except question respondent questionnaire regarding pressure upon employees work political campaigns questions posed fall rubric matters public concern pp district erred imposing unduly onerous burden state justify respondent discharge requiring clearly demonstrate speech involved substantially interfered operation office state burden justifying particular discharge varies depending upon nature employee expression pp limited first amendment interest involved require petitioner tolerate action reasonably believed disrupt office undermine authority destroy close working relationships within office question questionnaire regarding level confidence supervisors statement carried clear potential undermining office relations also fact respondent exercised rights speech office supports petitioner fears function office endangered fact questionnaire emerged immediately dispute respondent petitioner deputies requires additional weight given petitioner view respondent threatened authority run office pp white delivered opinion burger powell rehnquist joined brennan filed dissenting opinion marshall blackmun stevens joined post william wessel argued cause petitioner brief victoria lennox bartels george strickler argued cause respondent brief ann woolhandler michael collins briefs amici curiae urging affirmance filed mark rosenblum nadine strossen charles sims american civil liberties union et al robert chanin laurence gold marsha berzon national education association et al justice white delivered opinion pickering board education stated public employee relinquish first amendment rights comment matters public interest virtue government employment also recognized state interests employer regulating speech employees differ significantly possesses connection regulation speech citizenry general problem thought arriving balance interests employee citizen commenting upon matters public concern interest state employer promoting efficiency public services performs employees ibid return problem today consider whether first fourteenth amendments prevent discharge state employee circulating questionnaire concerning internal office affairs respondent sheila myers employed assistant district attorney new orleans five half years served pleasure petitioner harry connick district attorney orleans parish period myers competently performed responsibilities trying criminal cases early part october myers informed transferred prosecute cases different section criminal myers strongly opposed proposed transfer expressed view several supervisors including connick despite objections october myers notified transferred myers spoke dennis waldron one first assistant district attorneys expressing reluctance accept transfer number office matters discussed myers later testified response waldron suggestion concerns shared others office informed research matter night myers prepared questionnaire soliciting views fellow staff members concerning office transfer policy office morale need grievance committee level confidence supervisors whether employees felt pressured work political campaigns early following morning myers typed copied questionnaire also met connick urged accept transfer said consider connick left office myers distributed questionnaire assistant district attorneys shortly noon dennis waldron learned myers distributing survey immediately phoned connick informed myers creating within office connick returned office told myers terminated refusal accept transfer also told distribution questionnaire considered act insubordination connick particularly objected question inquired whether employees confidence rely word various superiors office question concerning pressure work political campaigns felt damaging discovered press myers filed suit supp contending employment wrongfully terminated exercised constitutionally protected right free speech district agreed ordered myers reinstated awarded backpay damages attorney fees supp ed la district found although connick informed myers fired refusal accept transfer facts showed questionnaire real reason termination proceeded hold myers questionnaire involved matters public concern state clearly demonstrated survey substantially interfered operations district attorney office connick appealed appeals fifth circuit affirmed basis district opinion connick sought review way certiorari granted ii least years settled state condition public employment basis infringes employee constitutionally protected interest freedom expression keyishian board regents pickering board education perry sindermann branti finkel task defined pickering seek balance interests employee citizen commenting upon matters public concern interest state employer promoting efficiency public services performs employees district thus appeals well misapplied decision pickering consequently view erred striking balance respondent district got wrong foot case initially finding aken whole issues presented questionnaire relate effective functioning district attorney office matters public importance concern connick contends outset balancing interests required case myers questionnaire concerned internal office matters speech upon matter public concern term used pickering although agree myers communication case wholly without first amendment protection much force connick submission repeated emphasis pickering right public employee citizen commenting upon matters public concern accidental language reiterated pickering progeny reflects historical evolvement rights public employees realization government offices function every employment decision became constitutional matter century unchallenged dogma public employee right object conditions placed upon terms employment including restricted exercise constitutional rights classic formulation position justice holmes sitting judicial massachusetts observed policeman may constitutional right talk politics constitutional right policeman mcauliffe mayor new bedford mass many years holmes epigram expressed law adler board education garner los angeles bd public works public workers mitchell wurzbach ex parte curtis cast new light matter series cases arising widespread efforts early require public employees particularly teachers swear oaths loyalty state reveal groups associated wiemann updegraff held state require employees establish loyalty extracting oath denying past affiliation communists cafeteria workers mcelroy recognized government deny employment previous membership particular party see also shelton tucker torcaso watkins cramp board public instruction time sherbert verner decided already late day doubt liberties religion expression may infringed denial placing conditions upon benefit privilege therefore surprise keyishian board regents supra invalidated new york statutes barring employment basis membership subversive organizations observing theory public employment may denied altogether may subjected conditions regardless unreasonable uniformly rejected cases precedents pickering rooted invalidated statutes actions sought suppress rights public employees participate public affairs issue whether government employees prevented chilled fear discharge joining political parties associations certain public officials might find subversive explanation constitution special concern threats right citizens participate political affairs mystery first amendment fashioned assure unfettered interchange ideas bringing political social changes desired people roth new york times sullivan peech concerning public affairs essence garrison louisiana accordingly frequently reaffirmed speech public issues occupies highest rung heirarchy first amendment values entitled special protection naacp claiborne hardware carey brown pickering board education supra followed understanding first amendment pickering held impermissible first amendment dismissal high school teacher openly criticizing board education allocation school funds athletics education methods informing taxpayers need additional revenue pickering subject matter legitimate public concern upon free open debate vital informed electorate cases following pickering also involved safeguarding speech matters public concern controversy perry sindermann arose failure rehire teacher state college system testified committees texas legislature become involved public disagreement whether college elevated status change opposed regents mt healthy city board ed doyle public school teacher rehired allegedly relayed radio station substance memorandum relating teacher dress appearance school principal circulated various teachers memorandum apparently prompted view administration relationship teacher appearance public support bond issues indeed radio station promptly announced adoption dress code news item recently givhan western line consolidated school district held first amendment protection applies public employee arranges communicate privately employer rather express views publicly although subject matter givhan statements issue clear statements concerning school district allegedly racially discriminatory policies involved matter public concern pickering antecedents progeny lead us conclude myers questionnaire fairly characterized constituting speech matter public concern unnecessary us scrutinize reasons discharge employee expression fairly considered relating matter political social concern community government officials enjoy wide latitude managing offices without intrusive oversight judiciary name first amendment perhaps government employer dismissal worker may fair ordinary dismissals government service violate fixed tenure applicable statute regulation subject judicial review even reasons dismissal alleged mistaken unreasonable board regents roth perry sindermann supra bishop wood suggest however myers speech even touching upon matter public concern totally beyond protection first amendment first amendment protect speech assembly extent characterized political great secular causes smaller ones guarded mine workers illinois bar quoting thomas collins sense suggest speech private matters falls one narrow classes expression carries little social value obscenity state prohibit punish expression persons jurisdiction see chaplinsky new hampshire roth supra new york ferber example employee false criticism employer grounds public concern may cause discharge entitled protection libel action accorded identical statement made man street hold public employee speaks citizen upon matters public concern instead employee upon matters personal interest absent unusual circumstances federal appropriate forum review wisdom personnel decision taken public agency allegedly reaction employee behavior cf bishop wood supra responsibility ensure citizens deprived fundamental rights virtue working government require grant immunity employee grievances afforded first amendment work state whether employee speech addresses matter public concern must determined content form context given statement revealed whole record case one exception questions posed myers fall rubric matters public concern view questions pertaining confidence trust myers possess various supervisors level office morale need grievance committee mere extensions myers dispute transfer another section criminal unlike dissent post believe questions public import evaluating performance district attorney elected official myers seek inform public district attorney office discharging governmental responsibilities investigation prosecution criminal cases myers seek bring light actual potential wrongdoing breach public trust part connick others indeed questionnaire released public convey information fact single employee upset status quo discipline morale workplace related agency efficient performance duties focus myers questions evaluate performance office rather gather ammunition another round controversy superiors questions reflect one employee dissatisfaction transfer attempt turn displeasure cause celebre presume matters transpire within government office public concern mean virtually every remark certainly every criticism directed public official plant seed constitutional case matter good judgment public officials receptive constructive criticism offered employees first amendment require public office run roundtable employee complaints internal office affairs one question myers questionnaire however touch upon matter public concern question inquires assistant district attorneys ever feel pressured work political campaigns behalf office supported candidates recently noted official pressure upon employees work political candidates worker choice constitutes coercion belief violation fundamental constitutional rights branti finkel elrod burns addition demonstrated interest country government service depend upon meritorious performance rather political service csc letter carriers public workers mitchell given history believe apparent issue whether assistant district attorneys pressured work political campaigns matter interest community upon essential public employees able speak freely without fear retaliatory dismissal one questions myers survey touched upon matter public concern contributed discharge must determine whether connick justified discharging myers district erred imposing unduly onerous burden state justify myers discharge district viewed issue whether myers speech upon matter public concern threshold inquiry became government burden clearly demonstrate speech involved substantially interfered official responsibilities yet pickering unmistakably respondent agrees state burden justifying particular discharge varies depending upon nature employee expression although particularized balancing difficult courts must reach appropriate possible balance competing interests pickering balance requires full consideration government interest effective efficient fulfillment responsibilities public one hundred years ago noted government legitimate purpose promot ing efficiency integrity discharge official duties maintain ing proper discipline public service ex parte curtis justice powell explained separate opinion arnett kennedy end government employer must wide discretion control management personnel internal affairs includes prerogative remove employees whose conduct hinders efficient operation dispatch prolonged retention disruptive otherwise unsatisfactory employee adversely affect discipline morale work place foster disharmony ultimately impair efficiency office agency district rejected connick position nlike statement fact might deemed critical one superiors myers questionnaire statement fact presentation solicitation ideas opinions entitled greater constitutional protection first amendment thing false idea ibid approach perhaps relevant weighing value myers speech bears logical relationship issue whether questionnaire undermined office relationships questions less forcefully stated opinions facts carry messages requires unusual insight conclude purpose likely result questionnaire seek precipitate vote confidence connick supervisors thus question asked whether assistants confidence relied word five named supervisors statement carries clear potential undermining office relations also relevant manner time place questionnaire distributed noted givhan western line consolidated school district private expression may situations bring additional factors pickering calculus government employee personally confronts immediate superior employing agency institutional efficiency may threatened content employee message also manner time place delivered questionnaire prepared distributed office manner distribution required myers leave work others order questionnaire completed although latitude official work performed allowed professional employees involved myers violate announced office policy fact myers unlike pickering exercised rights speech office supports connick fears functioning office endangered finally context dispute arose also significant case employee purely academic interest circulated questionnaire obtain useful research myers acknowledges coincidence questionnaire followed upon heels transfer notice employee speech concerning office policy arises employment dispute concerning application policy speaker additional weight must given supervisor view employee threatened authority employer run office although accept district factual finding myers reluctance accede transfer order sufficient cause dismissal thus constitute sufficient defense mt healthy city board ed doyle render irrelevant fact questionnaire emerged persistent dispute myers connick deputies office transfer policy iii myers questionnaire touched upon matters public concern limited sense survey view accurately characterized employee grievance concerning internal office policy limited first amendment interest involved require connick tolerate action reasonably believed disrupt office undermine authority destroy close working relationships myers discharge therefore offend first amendment reiterate however caveat expressed pickering enormous variety fact situations critical statements public employees may thought superiors furnish grounds dismissal deem either appropriate feasible attempt lay general standard statements may judged holding today grounded longstanding recognition first amendment primary aim full protection speech upon issues public concern well practical realities involved administration government office although today balance struck government defeat first amendment indeed pyrrhic victory great principles free expression amendment safeguarding public employee right citizen participate discussions concerning public affairs confused attempt constitutionalize employee grievance see presented judgment appeals reversed appendix opinion plaintiff exhibit app please take minutes require fill freely express opinion anonymity guaranteed moved result recent transfers transfers effected sic discussed superior prior notice posted think matter policy experience feel office procedure regarding transfers fair believe rumor mill active office think effects sic overall working performance personnel think effects sic office morale generally first learn office changes developments rumor confidence rely word bridget bane fred harper lindsay larson joe meyer dennis waldron ever feel pressured work political campaigns behalf office supported candidates feel grievance committee worthwhile addition office structure rate office morale please feel free express comments feelings thank cooperation survey footnotes questionnaire reproduced appendix opinion petitioner also objected assessment damages violation eleventh amendment award attorney fees disposition case reach questions see perry sindermann mt healthy city board ed doyle givhan western line consolidated school district question whether expression kind legitimate concern public also standard determining whether action invasion privacy present see restatement second torts see also cox broadcasting cohn action invasion privacy maintained subject matter publicity matter public record time hill see clark holmes cert denied schmidt fremont county school inquiry protected status speech one law fact see infra case like givhan employee speaks citizen matter general concern tied personal employment dispute arranges privately givhan right protest racial discrimination matter inherently public concern forfeited choice private forum however questionnaire otherwise public concern attain status subject matter different circumstances topic communication public might general interest dissent analysis whether discussions office morale discipline matters public concern beside point answer whether questionnaire speech see brief respondent factors including degree importance plaintiff speech proper considerations weighed pickering balance tr oral arg counsel respondent certainly disagree content questionnaire whether affects matter great public concern narrow internal matter relevant circumstance weighed pickering analysis constitution imposed upon final authority determine meaning application words instrument require interpretation resolve judicial issues responsibility compelled examine statements issue circumstances made see whether character principles first amendment adopted due process clause fourteenth amendment protect pennekamp florida omitted obligation avoid making independent constitutional judgment facts case jacobellis ohio opinion brennan see edwards south carolina new york times sullivan naacp claiborne hardware waldron testified learned events october myers trying stir people accept changes transfers made memorandum implemented app view questionnaire final act defiance result myers action going severe problems changes ibid connick testified reached similar conclusion conducting investigation satisfied accepting transfer affirmatively opposing disrupting routine office questionnaire called dismissed cf perry education assn perry local educators proof future disruption necessary justify denial access nonpublic forum grounds proposed use may disrupt property intended function greer spock record indicates though copies questionnaire distributed lunch employee speech transpires entirely employee time nonwork areas office bring different factors pickering calculus might lead different conclusion cf nlrb magnavox violation rule strengthen connick position see mt healthy city board ed doyle justice brennan justice marshall justice blackmun justice stevens join dissenting sheila myers discharged circulating questionnaire fellow assistant district attorneys seeking information effect petitioner personnel policies employee morale overall work performance district attorney office concludes dismissal violate first amendment primarily questionnaire addresses matters view public concern hornbook law however speech manner government operated operated essential part communications necessary protection central purpose first amendment mills alabama questionnaire addressed matters distribution adversely affect operations district attorney office interfere myers working relationship fellow employees dissent correctly reaffirms principle government may constitutionally compel persons relinquish first amendment rights condition public employment keyishian board regents pickering board education perry sindermann pickering held first amendment protects rights public employees citizens comment matters public interest connection operation government agencies work recognized however government legitimate interests regulating speech employees differ significantly interests regulating speech people generally ibid therefore held scope public employees first amendment rights must determined balancing interests employee citizen commenting upon matters public concern interest state employer promoting efficiency public services performs employees ibid balancing test articulated pickering comes play public employee speech implicates government interests employer public employees engage expression unrelated employment away workplace first amendment rights course different general public see thus whether public employee speech addresses matter public concern relevant constitutional inquiry statements issue virtue content context made may adverse impact government ability perform duties efficiently decision today flawed three respects first distorts balancing analysis required pickering suggesting one factor context statement made weighed twice first determining whether employee speech addresses matter public concern deciding whether statement adversely affected government interest employer see ante second concluding effect respondent personnel policies employee morale work performance district attorney office matter public concern impermissibly narrows class subjects public employees may speak without fear retaliatory dismissal see ante third misapplies pickering balancing test holding myers constitutionally dismissed circulating questionnaire addressed least one subject matter interest community ante absence evidence conduct disrupted efficient functioning district attorney office ii district summarized contents respondent questionnaire follows plaintiff solicited views fellow assistant district attorneys number issues including office transfer policies manner information nature communicated within office questionnaire also sought determine views assistants regarding office morale need grievance committee level confidence felt assistants supervisors finally questionnaire inquired whether assistants felt pressured work political campaigns behalf candidates supp ed la standard announced suggests manner context statement made must weighed sides pickering balance beyond dispute public employee expresses views relevant second half pickering inquiry determining whether employee speech adversely affects government interests employer explicitly acknowledged givhan western line consolidated school district stated public employee speaks privately supervisor employing agency institutional efficiency may threatened content message also manner time place delivered fact public employee chosen express views private nothing whatsoever first half pickering calculus whether views relate matter public concern conclusion implicit givhan holding freedom speech guaranteed first amendment lost public employee arranges communicate privately employer rather spread views public seeks distinguish givhan ground speech protesting racial discrimination inherently public concern ante suggests two classes speech public concern statements public import content form context statements virtue subject matter inherently public concern view however whether particular statement public employee addressed subject public concern depend said first amendment affords special protection speech may inform public debate society governed regardless whether actually becomes subject public controversy peech concerning public affairs essence garrison louisiana maintenance opportunity free political discussion end government may responsive people changes may obtained lawful means opportunity essential security republic fundamental principle constitutional system stromberg california unconstrained discussion concerning manner government performs duties essential element public discourse necessary informed whatever differences may exist interpretations first amendment practically universal agreement major purpose amendment protect free discussion governmental affairs course includes discussions candidates structures forms government manner government operated operated matters relating political processes mills alabama supra emphasis added pickering held first amendment affords similar protection critical statements public school teacher directed board education worked recognized free open debate operation public schools vital informed electorate also acknowledged importance allowing teachers speak school matters teachers class members community likely informed definite opinions funds allotted operation schools spent accordingly essential able speak freely questions without fear retaliatory dismissal applying principles hold myers questionnaire addressed matters public concern discussed subjects reasonably expected interest persons seeking develop informed opinions manner orleans parish district attorney elected official charged managing vital governmental agency discharges responsibilities questionnaire sought primarily obtain information impact recent transfers morale district attorney office beyond doubt personnel decisions adversely affect discipline morale may ultimately impair agency efficient performance duties see arnett kennedy supra opinion powell believe first amendment protects right public employees discuss matters public may better informed elected officials fulfill responsibilities affirm district conclusion questionnaire related matters public importance concern adoption far narrower conception subjects public concern seems prompted fears broader view mean virtually every remark certainly every criticism directed public official plant seed constitutional case ante obviously every remark directed public official public employee protected first amendment deciding whether particular matter public concern inquiry nature sensitive one judges charged interpreting constitutional provision intended put decision views shall voiced largely hands us cohen california recognized sensitive nature determination gertz robert welch held scope constitutional privilege defamation cases turns whether plaintiff public figure whether statements issue address subject public concern referred difficulty forcing state federal judges decide ad hoc basis publications address issues general public interest expressed doubt wisdom committing task conscience judges see also rosenbloom metromedia marshall dissenting making delicate inquiry must bear mind citizenry final judge proper conduct public business cox broadcasting cohn decision ignores precepts based narrow conception matters public concern implicitly determines information concerning employee morale important government office inform public debate contrary first amendment protects dissemination information people courts may evaluate usefulness proper means ensure courts swamped routine employee grievances mischaracterized first amendment cases restrict artificially concept public concern require adequate weight given public important interests efficient performance governmental functions preserving employee discipline harmony sufficient achieve end see part iii infra iii although finds myers questionnaire unrelated matters public interest hold one question asking whether assistants felt pressured work political campaigns behalf candidates addressed matter public importance concern also recognizes determination public interest must weigh heavily balancing competing interests required pickering gone far however misapplies pickering test holds previous authorities public employer mere apprehension speech disruptive justifies suppression speech objective evidence suggests fears essentially unfounded pickering recognized difficulty articulating general standard statements may judged however identify number factors may affect balance particular cases relevant whether statements directed persons speaker normally contact course daily work whether adverse effect discipline immediate superiors harmony among coworkers whether employment relationship question kind persuasively claimed personal loyalty confidence necessary proper functioning whether statements way either impeded employee proper performance daily duties interfered regular operation office addition givhan recognized statements question made private employee immediate supervisor employing agency institutional efficiency may threatened content message also manner time place delivered see supra district weighed relevant factors identified cases found petitioner failed establish myers violated either duty confidentiality office policy noting copies questionnaire distributed lunch rejected contention distribution questionnaire impeded myers performance duties concluded connick shown evidence indicate plaintiff work performance adversely affected expression emphasis supplied accepts findings see ante concludes however district failed give adequate weight context questionnaire distributed need maintain close working relationships district attorney office particular suggests district failed give sufficient weight disruptive potential question asked whether assistants confidence word five named supervisors ante district however explicitly recognized petitioner forceful argument hearing testimony four five supervisors named question found question adverse effect myers relationship superiors responds employer need wait destruction working relationships manifest taking action face district finding circulation questionnaire disruptive effect holds respondent may dismissed petitioner reasonably believed action disrupt office undermine authority destroy close working relationships ante even though district found distribution questionnaire impair myers working relationship supervisors bows petitioner judgment hen close working relationships essential fulfilling public responsibilities wide degree deference employer judgment appropriate ante extreme deference employer judgment appropriate public employees voice critical views concerning operations agency work although employer determination employee statements undermined essential working relationships must carefully weighed pickering balance must bear mind threat dismissal public employment potent means inhibiting speech pickering see keyishian board regents employer judgment controlling public employees speak say critical supervisors order protect public employees first amendment right voice critical views issues public importance courts must make appraisal effects speech question regard decision tinker des moines independent community school district controlling tinker arose public school context similar one present case arose determination scope constitution guarantee freedom speech required consideration special characteristics environment expression took place see issue whether public high school students constitutionally prohibited wearing black armbands school express opposition vietnam conflict district ruled ban reasonable based upon school officials fear disturbance wearing armbands found justification inadequate system undifferentiated fear apprehension disturbance enough overcome right freedom expression ibid concluded order state justify prohibition particular expression opinion must able show action caused something mere desire avoid discomfort unpleasantness always accompany unpopular viewpoint certainly finding showing engaging forbidden conduct materially substantially interfere requirements appropriate discipline operation school prohibition sustained emphasis supplied quoting burnside byars iv decision today inevitably deter public employees making critical statements manner government agencies operated fear provoke dismissal result public deprived valuable information evaluate performance elected officials protecting dissemination information essential function first amendment dissent although opinion myers questionnaire fairly characterized constituting speech matter public concern unnecessary us scrutinize reasons discharge ante omitted understand imply governmental employee first amendment rights outside employment context limited speech matters public concern extent opinion may read suggest dismissal public employee speech unrelated subject public interest implicate first amendment interests disagree cases establish public employees enjoy full range first amendment rights guaranteed members general public balancing test articulated pickering however government burden justify dismissal may lighter see infra although parties offered evidence whether subjects addressed questionnaire fact matters public concern extensive local press coverage shows issues involved interest people orleans parish shortly district took case advisement major daily newspaper new orleans carried story describing questionnaire events leading myers dismissal filing action section newspaper also carried story district ruled myers favor section story appeals affirmed district decision july section story granted connick petition certiorari mar section story heard oral argument section addition matters affecting internal operations orleans parish district attorney office often receive extensive coverage newspaper example carried lengthy story reporting agency moved plush new offices describing detail privacy problem faced assistant district attorneys office unable obtain modular furniture partition new space section also carried story committee louisiana state senate voted prohibit petitioner retaining public relations specialist july section light public interest operations district attorney office general dispute parties particular quite possible contrary view ante myers comments concerning morale working conditions office actually engaged public attention stated publicly moreover general matter media frequently carry news stories reporting personnel policies effect government agency resulted declining employee morale deteriorating agency performance perhaps simplest example statement public employee protected first amendment answering request employee perform lawful task within scope duties although refusal speech implicates first amendment interests also insubordination may serve basis lawful dismissal indeed suggested classification bases right first amendment protection estimate much general interest communication surely conflict whole idea first amendment emerson system freedom expression degree speech interest public may relevant determining whether public employer may constitutionally required tolerate degree disruption resulting utterance see ante general however whether government employee speech public concern must determined reference broad conception first amendment guarantee freedom speech found necessary framers supply public need information education respect significant issues times freedom discussion fulfill historic function nation must embrace issues information needed appropriate enable members society cope exigencies period thornhill alabama omitted see wood georgia narrow conception matters public interest also inconsistent broad view concept articulated cases dealing constitutional limits liability invasion privacy time hill held defendant may constitutionally held liable invasion privacy resulting publication false misleading report matters public interest absence proof report published knowledge falsity reckless disregard truth action hill sought damages resulting publication allegedly false report new play portrayed experience family held hostage home publicized incident years earlier entertained doubt opening new play linked actual incident matter public interest see also cox broadcasting cohn holding radio station constitutionally held liable broadcasting name rape victim victim name contained public records discussion time hill breadth first amendment protections directly relevant guarantees speech press preserve political expression comment upon public affairs essential healthy government one need pick newspaper magazine comprehend vast range published matter exposes persons public view private citizens public officials freedom discussion fulfill historic function nation must embrace issues information needed appropriate enable members society cope exigencies period thornhill alabama suggestion found constitution freedom guaranteed speech press bears inverse ratio timeliness importance ideas seeking expression bridges california quoted passage makes clear contrary view ante subjects touched upon respondent questionnaire fall within broad conception matters public interest defines scope constitutional privilege invasion privacy cases see restatement second torts comment scope matter legitimate concern public limited news sense reports current events activities extends also use names likenesses facts giving information public purposes education amusement enlightenment public may reasonably expected legitimate interest published