Monday, January 04, 2010
Essentials of the "Pickering Balancing Test”
Pickering v Board of Education, 391 US 563
The so-called Pickering Test is applied in evaluating the interests of a public employer with the its employees’ right to Free Speech and requires the court’s consideration of the following:
1. Did the individual demonstrate that his or her speech address a matter or matters of public interest and concern?
2. Did the individual demonstrate that his or her speech was a significant or motivating factor in the employer's decision?
3. Did the court balance the interests of the individual commenting on matters of public concern as a citizen and the public employer's interest in "promoting the efficiency of public service?"
An example of this may be found in Council 82, v State of New York, 255 A.D.2d 54, aff'd. 94 NY2d at 329.
In this action Appellate Division ruled that a State department’s rule did not trump an employee’s First Amendment rights. In this case the court sustained an arbitrator determination that Edward Kuhnel, a State correction officer, was not guilty of disciplinary charges alleging that he flew a Nazi flag from the front porch of his home in violation of Department rules.
The Layoff, Preferred List and Reinstatement Manual - a 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html
A Reasonable Disciplinary Penalty Under the Circumstances - A 600+ page guide to penalties imposed on public employees in New York State found guilty of selected acts of misconduct. For more information, click on http://nypplarchives.blogspot.com/
Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
Copyright© 1987 - 2014 by the Public Employment Law Press.