Lane v. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights

10 Pages Posted: 27 May 2015 Last revised: 16 Oct 2015

See all articles by Thomas A. Schweitzer

Thomas A. Schweitzer

Touro College - Jacob D. Fuchsberg Law Center

Date Written: 2015

Abstract

On June 19, 2014, the United States Supreme Court decided an important First Amendment case concerning the free speech rights of government employees. While public employees speaking as citizens on issues of public concern have the same right to freedom of speech as other citizens when they speak on matters of public concern, the Court has held that when they make statements pursuant to their official duties, they must accept certain limitations on their freedom of speech. In Lane v. Franks, the Court unanimously rejected the extreme position of the Eleventh Circuit, which had held that a public official had no remedy when he was fired in retaliation for turning in a “no show” office holder who was tried, convicted and imprisoned.

While two other appellate courts had conferred broader protection on public employees’ free speech rights in similar cases, there were only a handful of such cases. However, Lane’s actions, which presumably led to his termination, manifestly promoted the public interest in combatting government corruption. Thus, the lower courts’ position that Lane had suffered no remediable wrong evidently convinced all the justices that prompt action was required to set the Eleventh Circuit straight.

This article discusses the decision in Lane v. Franks.

Keywords: Lane v. Franks, First Amendment, Free Speech Rights, public official, government employee, Supreme Court

Suggested Citation

Schweitzer, Thomas A., Lane v. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights (2015). 31 Touro L. Rev. 333 (2015); Touro Law Center Legal Studies Research Paper Series No. 15-33. Available at SSRN: https://ssrn.com/abstract=2609172

Thomas A. Schweitzer (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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