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Keywords

appeal

appealhearingfreedom of speechrespondent

Related Cases

Rankin v. McPherson, 483 U.S. 378, 107 S.Ct. 2891, 97 L.Ed.2d 315, 55 USLW 5019, 2 IER Cases 257

Facts

Ardith McPherson, a deputy in the Harris County Constable's office, was discharged after making a remark about the President during a private conversation with a co-worker. Her job was purely clerical, and she had no law enforcement responsibilities. The remark was overheard by another employee and reported to the Constable, who subsequently fired her. McPherson claimed her discharge violated her First Amendment rights, leading to a series of court rulings.

Respondent, a data-entry employee in a county Constable's office, was discharged for remarking to a co-worker, after hearing of an attempt on the President's life, 'if they go for him again, I hope they get him.'

Issue

Whether a clerical employee in a county constable's office was properly discharged for making a political remark during a private conversation.

The issue in this case is whether a clerical employee in a county constable's office was properly discharged for remarking, after hearing of an attempt on the life of the President, 'If they go for him again, I hope they get him.'

Rule

The First Amendment protects public employees from being discharged for speech on matters of public concern unless the employer can demonstrate that the discharge was justified by a legitimate state interest.

It is clearly established that a State may not discharge an employee on a basis that infringes that employee's constitutionally protected interest in freedom of speech.

Analysis

The Court determined that McPherson's statement was made in the context of a conversation about public policies and was thus a matter of public concern. The Court found that the constable's interest in maintaining workplace efficiency did not outweigh McPherson's First Amendment rights, especially given her limited role and the private nature of her speech.

Considering the statement in context, as Connick requires, discloses that it plainly dealt with a matter of public concern.

Conclusion

The Supreme Court affirmed the Court of Appeals' decision, concluding that McPherson's discharge violated her First Amendment rights.

Because we agree with the Court of Appeals that McPherson's discharge was improper, the judgment of the Court of Appeals is Affirmed.

Who won?

Ardith McPherson prevailed in the case because the Supreme Court found that her First Amendment rights were violated by her discharge.

Respondent's discharge violated her First Amendment right to freedom of expression.

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