# Charles E. Egger v. Harlan C. Phillips

> Court of Appeals for the Seventh Circuit · February 1, 1982 · 669 F.2d 497

URL: https://www.frixlaw.com/law-library/cases/9468828

## Case

- **Full name:** Charles E. EGGER, Plaintiff-Appellant, v. Harlan C. PHILLIPS, Defendant-Appellee
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** February 1, 1982
- **Citations:** 669 F.2d 497; 1982 U.S. App. LEXIS 22195
- **Precedential status:** Published
- **Opinion:** Dissent by Dumbauld
- **Judges:** Cudahy, Dumbauld, Pell
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9468828

## Opinion text

DUMBAULD, Senior District Judge,
dissenting.
It seems plain to me that appropriate action taken for the effective administration of the Indianapolis office of the FBI is not forbidden simply because an eccentric agent seeks to clothe his peculiar behavior in the garb of the First Amendment. There is no indication in the record that the Bureau was “covering up” for Agent Naum or failing to give appropriate attention to Agent Egger’s complaints against Naum. Egger had fully exercised his freedom of speech without interference. Any unpleasant consequences suffered by him were not the result of such exercise of constitutional rights but of his injudicious actions.
The distinction between speech and speech “brigaded with action” is clearly recognized in First Amendment jurisprudence * and does not require the Bureau to keep in a particular post an agent whose behavior has terminated his usefulness there.
Brandenburg v. Ohio, 395 U.S. 444, 456 , 89 S.Ct. 1827, 1834 , 23 L.Ed.2d 430 (1969).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9468828. Public record. Not legal advice.