Martin A. Schwartz Second Circuit Upholds City Marshal's Right Not To File False Report
In his Section 1983 Litigation column, Martin Schwartz discusses the recent Second Circuit decision 'Specht v. City of New York,' involving the protection of free speech rights of public employees from retaliatory actions.
January 03, 2022 at 12:00 PM
12 minute read
Constitutional Law
The U.S. Court of Appeals for the Second Circuit recently rendered an important decision protecting the free speech rights of public employees from retaliatory actions. In Specht v. City of New York, 15 F.4th 594 (2d Cir. 2021), the court held that a NYC fire marshal was entitled to pursue his First Amendment retaliation claim based on his complaints to outside authorities about an allegedly corrupt FDNY investigation, and his refusal to file a false investigatory report. The court found that the fire marshal engaged in speech that was a matter of public concern and was not pursuant to his official duties.
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