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 .