Constitutional Law - Roberts v. Van Buren Public Schools: Speech Rights of Public Employees

Abstract

FIRST PARAGRAPH(S)|In Roberts v. Van Buren Public Schools, the Eighth Circuit established that public employees are not protected by the first amendment when criticizing employment decisions at a time when such decisions are not a "subject of active public dispute." This decision has important implications for time and manner restrictions on protected speech. Hereafter in the Eighth Circuit a public employee will not be protected by the first amendment when speaking out against administrative decisions made through the "proper channels." Rather, it seems the employee must voice his criticism while the matter is still within the decision making process...