bush lucas argued january decided june petitioner aerospace engineer employed george marshall space flight center facility operated national aeronautics space administration nasa made number public statements news media highly critical center subsequently respondent director center demoted petitioner making public statements ground false misleading federal employee appeals authority upheld demotion civil service commission appeals review board upon reopening proceeding petitioner request found demotion violated first amendment rights nasa accepted board recommendation petitioner restored former position retroactively receive backpay administrative appeal demotion pending petitioner filed action respondent alabama state seeking recover damages violation first amendment rights respondent removed action federal district granted summary judgment respondent appeals affirmed holding petitioner cause action damages first amendment retaliatory demotion view available remedies civil service commission regulations held petitioner claims arise employment relationship governed comprehensive procedural substantive provisions giving meaningful remedies inappropriate supplement regulatory scheme new nonstatutory damages remedy pp federal courts statutory jurisdiction decide federal questions confers adequate power award damages victim constitutional violation even congress expressly authorized remedy congress provides alternative remedy may indicate intent power exercised absence congressional directive federal courts must make kind remedial determination appropriate tribunal paying particular heed however special factors counselling hesitation authorizing new kind federal litigation pp government comprehensive scheme protecting civil servants arbitrary action supervisors provides meaningful remedies employees may unfairly disciplined making critical comments agencies given history development civil service remedies comprehensive nature remedies currently available question case remedy provide wrong otherwise go unredressed whether elaborate remedial system constructed step step careful attention policy considerations augmented creation new judicial remedy constitutional violation issue declines create remedy congress better position decide whether public interest served creating pp stevens delivered opinion unanimous marshall filed concurring opinion blackmun joined post william harvey elrod argued cause filed briefs petitioner deputy solicitor general geller argued cause respondent brief solicitor general lee assistant attorney general mcgrath david strauss barbara herwig wendy keats briefs amici curiae urging reversal filed charles wayne mark lynch american civil liberties union albert woll marsha berzon laurence gold edward hickey erick genser james rosa david barr american federation labor congress industrial organizations et al john bufe lois williams michael david fox national treasury employees union john keeney joseph hassett peter representative schroeder et al justice stevens delivered opinion petitioner asks us authorize new nonstatutory damages remedy federal employees whose first amendment rights violated superiors claims arise employment relationship governed comprehensive procedural substantive provisions giving meaningful remedies conclude inappropriate us supplement regulatory scheme new judicial remedy petitioner bush aerospace engineer employed george marshall space flight center major facility operated national aeronautics space administration alabama respondent lucas director center facility reorganized petitioner twice reassigned new positions objected reassignments sought formal review civil service commission may june administrative appeals pending made number public statements including two televised interviews highly critical agency news media quoted saying enough meaningful work keep busy job travesty worthless taxpayers money spent fraudulently wastefully center statements reported local television local newspaper national press release appeared newspapers least three june respondent response reporter inquiry stated conducted investigation petitioner statements regarding job basis fact app august adverse personnel action initiated remove petitioner position petitioner charged publicly mak ing intemperate remarks misleading often false evidencing malicious attitude towards management generating environment sensationalism demeaning government national aeronautics space administration personnel george marshall space flight center thereby impeding government efficiency economy adversely affecting public confidence government service also informed conduct undermined morale center caused disharmony disaffection among fellow employees petitioner opportunity file written response make oral presentation agency officials respondent determined petitioner statements false misleading conduct justify removal lesser penalty demotion appropriate first offense ibid approved reduction grade decreased petitioner annual salary approximately petitioner exercised right appeal federal employee appeals authority public hearing authority upheld charges concluded demotion justified specifically determined number petitioner public statements misleading three reasons exceeded bounds expression protected first amendment first petitioner statements stem public interest desire position abolished take early retirement go law school second statements conveyed erroneous impression agency deliberately wasting public funds thus discrediting agency employees third legitimate public interest served abolishing petitioner position two years appeals authority decision petitioner requested civil service commission appeals review board reopen proceeding board reexamined petitioner first amendment claim making detailed review record applicable authorities applied balancing test articulated pickering board education one hand acknowledged evidence tending show petitioner motive might personal gain evidence statements caused disruption agency routine hand noted society well individual interest free speech including right disclosure information tax dollars spent functioning government apparatus interest promotion efficiency government maintenance atmosphere freedom expression scientists engineers responsible planning implementation nation space program petitioner statements though somewhat exaggerated wholly without truth properly stimulated public debate thus nature extent proven disruption agency operations justify abrogation exercise free speech board recommended petitioner restored former position retroactively november receive backpay recommendation accepted petitioner received approximately backpay administrative appeal pending petitioner filed action respondent state alabama seeking recover damages defamation violation constitutional rights respondent removed lawsuit district northern district alabama granted respondent motion summary judgment held first defamation claim maintained barr matteo respondent absolutely immune liability damages defamation second petitioner demotion constitutional deprivation damages action maintained appeals fifth circuit affirmed vacated judgment directed reconsider case light intervening decision carlson green appeals affirmed judgment petitioner adhered previous conclusion plaintiff cause action damages first amendment retaliatory demotion view available remedies civil service commission regulations explained relationship federal government civil service employees special factor counselling judicial recognition damages remedy constitution context assume purposes decision petitioner first amendment rights violated adverse personnel action also assume petitioner asserts civil service remedies effective individual damages remedy fully compensate harm suffered two propositions undisputed congress expressly authorized damages remedy petitioner asks us provide hand congress expressly precluded creation remedy declaring existing statutes provide exclusive mode redress thus assume federal right violated congress provided less complete remedy wrong writing clean slate might answer question whether supplement statutory scheme either two quite simple ways might adopt approach judicial recognition new causes action hold province judiciary fashion adequate remedy every wrong proved case jurisdiction might start premise federal courts courts limited jurisdiction whose remedial powers extend beyond granting relief expressly authorized congress former approach petitioner obviously prevail latter equally clear lose prior cases although sometimes emphasizing one approach sometimes unequivocally rejected extremes establish power grant relief expressly authorized statute also remind us power exercised light relevant policy determinations made congress therefore first review cases establishing power remedy violations constitution consider bearing existing statutory scheme precise issue presented case federal courts power grant relief expressly authorized congress firmly established federal courts jurisdiction decide cases aris ing constitution laws treaties jurisdictional grant provides authority decide whether cause action stated plaintiff claim injured violation constitution bell hood also authority choose among available judicial remedies order vindicate constitutional rights fashioned wide variety nonstatutory remedies violations constitution federal state officials cases relevant problem us held constitution supports private cause action damages federal official bivens six unknown fed narcotics agents davis passman carlson green supra bivens plaintiff alleged federal agents without warrant probable cause arrested searched home manner causing great humiliation embarrassment mental suffering claimed damages theory alleged violation fourth amendment provided independent basis relief upheld sufficiency complaint rejecting argument state tort action trespass provided appropriate judicial remedy explained absence federal statutory basis cause action obstacle award damages damages may obtained injuries consequent upon violation fourth amendment federal officials hardly seem surprising proposition historically damages regarded ordinary remedy invasion personal interests liberty see nixon condon nixon herndon swafford templeton wiley sinkler landynski search seizure et seq lasson history development fourth amendment constitution et seq katz jurisprudence remedies constitutional legality law torts bell hood rev cf west cabell lammon feusier course fourth amendment many words provide enforcement award money damages consequences violation well settled legal rights invaded federal statute provides general right sue invasion federal courts may use available remedy make good wrong done bell hood omitted present case involves special factors counselling hesitation absence affirmative action congress dealing question federal fiscal policy standard oil separate opinion concurring judgment justice harlan also thought clear power authorize damages remedy vindication federal constitutional right placed constitution exclusively congress hands instead reasoned real question relate whether federal courts power afford one type remedy opposed rather criteria govern exercise power resolving question suggested range policy considerations may take account least broad range legislature consider respect express ed statutory authorization traditional remedy weighing relevant policies agreed conclusion government advanced substantial policy consideration recognizing federal cause action violation fourth amendment rights federal officials davis passman supra petitioner former deputy administrative assistant member congress alleged discharged sex violation constitutional right equal protection laws held due process clause fifth amendment gave federal constitutional right free official discrimination alleged federal cause action reaching conclusion award damages appropriate remedy emphasized fact alternative form judicial relief available also persuaded special concerns ordinarily militate allowing recovery legislator fully reflected respondent affirmative defense based speech debate clause constitution noted absence explicit congressional declaration persons petitioner position may recover damages responsible injury carlson green involved claim federal prisoner eighth amendment rights violated prisoner mother brought suit behalf son estate alleging federal prison officials responsible death violated constitutional duty provide proper medical care suffered severe asthmatic attack unlike bivens davis green case one congress provided remedy federal tort claims act alleged wrong et seq true case remedy completely effective action based directly constitution acknowledged bivens action defeated two situations found neither present first discern special factors counselling hesitation absence affirmative action congress citing bivens davis supra second congressional determination foreclosing damages claim making federal tort claims act exclusive statute expressly declared ftca remedy substitute bivens action indeed legislative history amendments ftca made crystal clear congress views ftca bivens parallel complementary causes action much established prior cases federal courts statutory jurisdiction decide federal questions confers adequate power award damages victim constitutional violation congress provides alternative remedy may course indicate intent statutory language clear legislative history perhaps even statutory remedy courts power exercised absence congressional directive federal courts must make kind remedial determination appropriate tribunal paying particular heed however special factors counselling hesitation authorizing new kind federal litigation congress resolved question presented case expressly denying petitioner judicial remedy seeks providing equally effective substitute however good deal history relevant question whether federal employee attempt recover damages superior violation first amendment rights involves special factors counselling hesitation words first used bivens supra illustrated meaning referring standard oil gilman standard oil case asked authorize new damages remedy government tortfeasor injured soldier imposing hospital expenses government depriving services although justice jackson properly noted dissent allowance recovery involved usurpation legislative power nevertheless concluded congress custodian national purse make necessary determination federal fiscal policy refused create damages remedy instrument determining establishing federal fiscal regulatory policies government executive arm thinks prevail situation covered traditionally established liabilities similarly gilman applied standard oil rationale reject government attempt recover indemnity one employees held liable ftca employee negligence noted relations employees presented myriad problems congress years dealt government employment gives rise policy questions great import employees executive legislative branches decision regarding indemnity involved questions employee discipline morale fiscal policy efficiency federal service hence wrote reasons deferring congressional policy determinations even compelling standard oil complex relations federal agencies staffs involved moreover claim asserted though product law congress passed matter congress taken position presents questions policy congress spoken selection policy advantageous whole involves host considerations must weighed appraised function appropriately write laws rather interpret ii unlike standard oil gilman case concerns claim constitutional right violated nevertheless cases involved federal fiscal policy relations government employees ultimate question merits case may appropriately characterized one federal personnel policy federal civil servant victim retaliatory demotion discharge exercised first amendment rights legal remedies available answer question changed dramatically years originally answer entirely matter executive discretion era patronage system prevailed federal government prior enactment pendleton act stat federal employee legal protection political retaliation indeed exercise first amendment right support political candidate opposing party office routinely provided accepted basis discharge past century however job security federal employees steadily increased pendleton act congress created civil service commission provided selection federal civil servants merit basis competitive examination although statute address question removals general provided employee public service required contribute political fund fired refusing prohibited officers attempting influence coerce political actions others congressional attention problem politically motivated removals prompted issuance executive orders presidents roosevelt taft forbade federal employees communicate directly congress without permission supervisors gag orders enforced dismissal cited several legislators reason enacting follette act stat statute provided person classified civil service shall removed therefrom except cause promote efficiency said service reasons given writing moreover explicitly guaranteed right civil servants furnish information either house congress committee member thereof shall denied interfered house report explained legislation intended protect employees oppression right free speech right consult representatives enacting follette act congress weighed competing policy considerations concluded efficient management government operations preclude extension free speech rights government employees ensuing years repeated consideration conflicting interests involved providing job security protecting right speak freely maintaining discipline efficiency federal work force gave rise additional legislation various executive orders promulgation detailed regulations civil service commission federal civil servants protected elaborate comprehensive scheme encompasses substantive provisions forbidding arbitrary action supervisors procedures administrative judicial improper action may redressed apply multitude personnel decisions made daily federal agencies constitutional challenges agency action first amendment claims raised petitioner fully cognizable within system record case demonstrates government comprehensive scheme costly administer provides meaningful remedies employees may unfairly disciplined making critical comments agencies federal employee competitive service may removed demoted cause promote efficiency service regulations applicable time petitioner demotion substantially similar effect required employee given days written notice proposed discharge suspension demotion accompanied agency reasons copy charges employee right examine disclosable materials formed basis proposed action cfr right answer charges statement supporting affidavits right make oral nonevidentiary presentation agency official regulations required final agency decision made official higher rank official proposed adverse action employee entitled notification writing stating initial reasons sustained ibid next step right appeal civil service commission federal employee appeals authority cfr appeals authority required hold hearing employee present witnesses agency witnesses secure attendance agency officials render written decision adverse decision feaa judicially reviewable either federal district claims addition employee right ask commission appeals review board reopen adverse decision feaa employee prevailed administrative process upon judicial review entitled reinstatement retroactive seniority also right full backpay including credit periodic step increases general pay raises relevant period allowances differentials accumulated leave congress intended remedies put employee position unjustified erroneous personnel action taken place given history development civil service remedies comprehensive nature remedies currently available clear question confront today quite different typical remedial issue confronted question remedy provide wrong otherwise go unredressed whether elaborate remedial system constructed step step careful attention conflicting policy considerations augmented creation new judicial remedy constitutional violation issue question obviously answered simply noting existing remedies provide complete relief plaintiff policy judgment informed thorough understanding existing regulatory structure respective costs benefits result addition another remedy violations employees first amendment rights costs associated review disciplinary decisions already significant monetary terms also time energy managerial personnel must defend decisions respondent argues supervisory personnel already hesitant administering discipline review ensues inevitably makes performance regular duties difficult brief respondent whether assessment accurate quite probable management personnel face added risk personal liability decisions believe correct response improper criticism agency deterred imposing discipline future cases events congress far better position evaluate impact new species litigation federal employees efficiency civil service congress developed considerable familiarity balancing governmental efficiency rights employees also may inform factfinding procedures hearings available courts reason discount congress ability make evenhanded assessment desirability creating new remedy federal employees demoted discharged expressing controversial views congress special interest informing efficiency morale executive branch past demonstrated awareness government employees valuable source information supervisors might improperly attempt curtail subordinates freedom expression thus decide whether good policy permit federal employee recover damages supervisor improperly disciplined exercising first amendment rights standard oil decline create new substantive legal liability without legislative aid common law convinced congress better position decide whether public interest served creating judgment appeals affirmed footnotes app pet cert memorandum opinion district opinion federal employee appeals authority petitioner obtained judicial review authority determination filing suit federal district claims competent decisionmakers may reasonably disagree merits petitioner first amendment claim compare opinion district app pet opinion atlanta field office federal employees appeal authority issued august app rejecting petitioner claims opinion appeals review board issued july app finding first amendment violated question us see carlson green factors making federal tort claims act recovery less effective action constitution recover damages individual official petitioner contends unlike damages remedy respondent individually civil service remedies government provide punitive damages jury trial adequately deter unconstitutional exercise authority supervisors brief petitioner attorney fees paid government claims suffered uncompensated emotional dignitary harms light disposition case need decide whether costs recovered compensation action brought directly constitution marbury madison cranch chief justice marshall invoked authority blackstone commentaries support proposition blackstone written general indisputable rule legal right also legal remedy suit action law whenever right invaded settled invariable principle laws england every right withheld must remedy every injury proper redress commentaries see bivens six unknown fed narcotics agents black dissenting see lee ejectment action federal officers enforce takings clause fifth amendment wiley sinkler damages state officer denying plaintiff right vote federal election ex parte young injunctive relief state official violation fourteenth amendment weeks exclusion federal criminal case evidence seized violation fourth amendment jacobs award interest well principal compensation claim founded fifth amendment swann bd education school busing remedy unconstitutional racial segregation see generally hill constitutional remedies colum rev moreover since respondent longer congressman see supra equitable relief form reinstatement unavailing available alternative forms judicial relief davis bivens damages nothing bivens supra harlan concurring judgment need reach question whether constitution requires judicially fashioned damages remedy absence remedy vindicate underlying right unless express textual command contrary cf davis passman existing civil service remedies demotion retaliation protected speech clearly constitutionally adequate see infra whatever merits policy conversion law proper subject congressional action creative power congress federal courts custodian national purse token primary often exclusive arbiter federal fiscal affairs comprehend said securing treasury government financial losses however inflicted including requiring reimbursement injuries creating well filling treasury noted type harm executive sought judicial redress new congress presumably knew exercised undoubted power authorize damages action report committee civil service retrenchment submitted senator pendleton may contained vivid description patronage system reading part follows fact confessed observers commended victors belong spoils new administration comes business distributing patronage among friends president predecessor left undone undo others done put man man system political rewards punishments shall seem demand see supra cf rejected provisions house bill permitting removals cause section provided officer employee mentioned act shall discharge promote degrade manner change official rank compensation officer employee promise threaten giving withholding neglecting make contribution money valuable thing political purpose stat president roosevelt issued executive order provided officers employees every description serving executive departments independent government establishments whether serving washington hereby forbidden either directly indirectly individually associations solicit increase pay influence attempt influence interest legislation whatever either congress committees way save heads departments independent government establishments serve penalty dismissal government service theodore roosevelt hereby ordered bureau office division chief subordinate department government officer army navy marine corps stationed washington shall apply either house congress committee either house congress member congress legislation appropriations congressional action kind except consent knowledge head department shall person respond request information either house congress committee either house congress member congress except authorized head department william taft see remarks gregg purpose wiping existence despicable gag rule provision inserted rule unjust unfair provisions constitution provides right appeal right free speech citizens number bill proponents asserted gag rule violated first amendment rights civil servants see remarks calder remarks blackmon remarks prouty remarks remarks lloyd remarks wilson remarks ashurst remarks reed remarks smith remarks la follette statute also required notice reasons opportunity employee answer charges writing supporting affidavits requirements previously adopted president mckinley executive order issued judicially enforceable history civil service merit systems supra provision accompanied specific guarantee membership independent association postal employees seeking improvements wages hours working conditions presentation congress grievance shall constitute cause reduction rank compensation removal person groups persons said service members house originated suggested improve efficiency morale civil service away discontent suspicion exists among employees restore confidence necessary get best results employees cong rec remarks calder see remarks lloyd senate committee initially took different position urging report relevant language see house version omitted entirely last clause section view committee citizens constitutional right present grievances congress members thereof governmental employees occupy position relative government different ordinary citizens upon questions interest citizens governmental employees right petition congress direct different rule prevail regard presentation grievances connected relation government employees respect good discipline efficiency service requires present grievances proper administrative channels view prevail extended discussion floor debate concerning right organize right present grievances congress committee offered senate approved compromise amendment house version guaranteeing rights least part subsequently enacted law stat among significant veterans preference act stat protecting veterans federal employment extending act procedural substantive protections adverse actions removals adding right respond orally appeal civil service commission back pay act stat extending protections removal contained act employees suspended without pay permitting backpay awards certain categories employees improperly removed suspended victims improper reductions force back pay act stat extending right backpay lost benefits every employee affected personnel action subsequently found unjustified civil service reform act stat shifting adjudicative functions civil service commission merit systems protection board modifying administrative appeals procedures providing new protections whistleblowers exec order cfr comp exec order cfr comp printed note following gave employees competitive service right appeal adverse actions civil service commission made administrative remedy applicable adverse personnel actions removal suspension without pay see cfr personnel actions covered system example provisions appeal either suspensions days less ed adverse actions probationary employees addition certain actions supervisors federal employees wiretapping warrantless searches uncompensated takings defined personnel actions within statutory scheme petitioner received retroactive reinstatement backpay empirical study found approximately one quarter adverse actions federal civil service contested merrill procedures adverse actions federal employees rev agency appeals succeeded removal cases demotion cases civil service commission employees appealed demotions contested removal successful prior enactment civil service reform act protection accorded part statute removals suspensions without pay employees removals suspensions without pay reductions grade pay adverse actions employees part executive orders see supra implemented civil service commission regulations cfr adverse actions including reductions grade pay covered employees including amendments retained general rule ed supplemented specifying certain prohibited personnel practices various aspects regulations discussed text added different times see generally merrill supra statute amendments agency discretionary authority provide evidentiary hearing ed see cfr amended statute gives employee right representation attorney person ed see cfr civil service reform act gave commission adjudicative functions merit systems protection board mspb commission regulations specify party carried burdens production persuasion nevertheless participants process reviewing courts assumed burden agency prove adverse action justified merrill supra johnson stoll judicial review federal employee dismissals adverse actions cornell rev law effect appeals federal circuit exclusive jurisdiction appeals mspb ed federal courts improvement act pub stat remarkable similarity comments made congress follette act passed civil service reform act enacted representative calder stated always two sides every question surely man competent express opinion regarding needs postal service men perform actual work anyone competent make known unsatisfactory working conditions might ask better qualified lay proper grievances congress men complaints make suffer grievances cong rec senate committee print stated federal employees often source information agency operations suppressed superiors since much closer actual working situation top agency officials testified congress spoken reporters informed public employees provide much information congress needs evaluate programs budgets overall agency performance senate committee governmental affairs whistleblowers comm print see also pp justice marshall justice blackmun joins concurring join opinion agree special factors counselling hesitation absence affirmative action congress bivens six unknown fed narcotics agents write separately emphasize view different case presented congress created comprehensive scheme specifically designed provide full compensation civil service employees discharged disciplined violation first amendment rights cf carlson green sonntag dooley affords remedy substantially effective damages action although petitioner may correct administrative procedure created congress unlike bivens action permit recovery loss due emotional distress mental anguish congress plainly intended provide regarded full compensatory relief enacted back pay act act designed pu employee position unjustified erroneous personnel action taken place see see cf sampson murray moreover nothing today decision foreclose federal employee pursuing bivens remedy injury attributable personnel actions may remedied federal statutory scheme agree petitioner assertion civil service remedies substantially less effective individual damages remedy see ante begin procedure provided civil service scheme many respects preferable judicial procedure bivens action see brief respondent example burden proof action civil service commission merit systems protection board must borne agency rather discharged employee see civil service commission conducting hearings employee appeals cf finfer caplin cert denied pelicone hodges app moreover employee required overcome qualified immunity executive officials might required suit money damages see butz economou finally administrative action likely prove speedier less costly lawsuit advantages clearly outweighed obvious significant disadvantages civil service procedure denies claimant option jury trial see carlson green supra affords limited judicial review rather full trial federal see chandler roudebush emphasizes question remedy provide wrong otherwise go unredressed ante question whether alternative remedy provided wrong may already redressed elaborate remedial system constructed step step careful attention conflicting policy considerations ibid agree bivens remedy unnecessary case see halperin kissinger app aff pertinent part equally divided