Opinion

Freitag v. California Department of Corrections

  • 289 F. App'x 146
Court
Court of Appeals for the Ninth Circuit
Filed
Apr 11, 2008
Status
Published
Author
Noonan
On the bench
Noonan
Cited by
0 cases
Authority
More cited than 13.9%

The opinion

NOONAN, Circuit Judge,

dissenting:

As the Supreme Court acknowledged in its 5-4 decision in Garcetti v. Ceballos, 547 U.S. 410 , 126 S.Ct. 1951 , 164 L.Ed.2d 689 (2006), it has been difficult to differentiate between citizen speech and employee speech “that has some potential to affect the entity’s operation.” Difficult, delicate as the differentiation is, it seems to me that Freitag wrote Terhune as a professional prison employee.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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