The First Amendment guarantees the “people” the right “to petition the government for a redress of grievances.” At the end of its past term, the U.S. Supreme Court sharply curtailed public employee rights under the Petition Clause. In Borough of Duryea v. Guarnieri,1 the Court held that the Petition Clause does not protect a public employee’s lawsuit or other formal grievance from retaliation unless the grievance is a matter of public concern. In other words, the Petition Clause does not prohibit the government from retaliating against one of its employees for filing a grievance pursuant to a dispute resolution mechanism the government itself established.
Justice Anthony M. Kennedy wrote the opinion for the Court. Justice Clarence Thomas wrote an opinion concurring in the judgment. Justice Antonin Scalia wrote an opinion concurring in the judgment and dissenting in part.
Restrictive Trend Continues
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