After the Supreme Court in 2006 revised the framework governing public employee speech retaliation claims, few whistleblowers have survived summary judgment in the U.S. Court of Appeals for the Second Circuit. But some district courts within the circuit have allowed these claims to proceed despite the new guidelines.

The Supreme Court has long recognized the speech rights of public employees. In Connick v. Myers, the court held that they may not suffer retaliation for speaking on matters of public concern. However, “[w]hen employee expression cannot be fairly considered as relating to any matter of political, social, or other concern to the community, government officials should enjoy wide latitude in managing their offices, without intrusive oversight by the judiciary in the name of the First Amendment.”1

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