Opinion

Lawrence J. Korb v. John F. Lehman, Jr. Everett Pyatt Melvyn R. Paisley, and Carl M. Smith

  • 919 F.2d 243
Court
Court of Appeals for the Fourth Circuit
Filed
Jan 9, 1991
Status
Published
Author
Sprouse
On the bench
Staker, Sprouse
Cited by
31 cases
Authority
More cited than 25.7%

stating “[t]he protection of citizens’ right to speak publicly on matters of public concern ... is at the very heart of the First Amendment.”

How later courts described this case

  • stating “[t]he protection of citizens’ right to speak publicly on matters of public concern ... is at the very heart of the First Amendment.”
  • stating that we may "affirm on any ground fairly supported by the record"
  • recognizing Bivens remedy for violation of private employees First Amendment rights
  • noting this Court may affirm on any ground fairly supported by the record

Written by the judges who cited it.

The opinion

SPROUSE, Circuit Judge,

dissenting:

I respectfully dissent, feeling that the defendants are not entitled to qualified immunity under Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 and Anderson v. Creighton, 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 .

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.