Appellate Brief - Legal

In: Other Topics

Submitted By lashesq21
Words 4026
Pages 17
IN
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT

No. 11-0369

BOB LOBLAW,
Appellant

v.

MAGGIE LIZER, Individually and in her Official Capacity as Assistant United States
Attorney, Southern District of New York,
Appellee

BRIEF FOR THE APPELLANT

ON APPEAL FROM THE UNITED STATE DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

Counsel for Appellant 601739
2072 5th Ave. Suite 43
New York, NY 10292

TABLE OF CONTENTS

TABLE OF CONTENTS ……………………………………………………………….....i
TABLE OF AUTHORITIES ……………………………………………………………..ii
QUESTION PRESENTED ……………………………………………………………….1
STATEMENT OF THE CASE …………………………………………………………...2
SUMMARY OF THE ARGUMENT …………………………………………………….6
ARGUMENT ……………………………………………………………………………..8
I. A government employee is entitled to constitutional protection under the First Amendment when the speech in question addresses matters of public concern and does not adversely affect the employer’s operations and functions …………………8

A. A government employee’s speech must contain matters of public concern in order to be protected under the First Amendment ……………………………9

B. If an employee’s speech addresses matters of public concern, the employee must show that the speech did not cause a disruption to the functionality of the workplace ……………………………………………………………………11

CONCLUSION…………………………………………………………………………..15
CERTIFICATE OF SERVICE ………………………………………………………….15
CERTIFICATE OF COMPLIANCE ……………………………………………………16

TABLE OF AUTHORITIES

United States Supreme Court Case:

Connick v. Myers, 461 U.S. 138 (1982) ………………………………8, 9, 10, 11, 12, 14
Pickering v. Board of Ed., 391 U.S. 563 (1968) …………………………...8, 9, 11, 13, 14

United States Court of Appeals Cases:

Jeffries v. Harleston, 52 F.3d 9 (2nd Cir. 1995)…...

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