Kermit Roosevelt thinks the fretting over the Ceballos opinion is excessive. He sees a very narrow opinion that's not a catastrophe, particularly given the morass of that section of the law.
Posted by armand at June 1, 2006 10:56 AM | TrackBack | Posted to Law and the CourtsI think that it takes essentially the right view of the problem of public employee speech. At the least, to damn with faint praise, it's not the worst thing about the Court's employee speech jurisprudence ...
If we think of the issue this way, the majority opinion in Ceballos is essentially doing nothing more than following a syllogism. The government can fire employees based on job performance. When employees speak as part of their employment duties, they are performing the job. Therefore, they can be fired for such speech.