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25 Ne. J. Legal Stud. 1 (2011)

handle is hein.journals/neastjol25 and id is 1 raw text is: 

1/Vol 25/North East Journal of Legal Studies


                GOSSIP,   THE   OFFICE AND
                THE   FIRST   AMENDMENT

                              by
     Jerome   O'Callaghan,  * Rosemary   Hartigan,  and
                    Paula  O'Callaghan


 If you want to be absolutely literal, all human life is speech. Every time a
   person goes to work all he does is speak. Or write. Or listen to other
                  people speaking. Or eat lunch.
              -Supreme  Court Justice Stephen Breyer'

            ...gossip is a valuable aspect of free speech.
                       -C.  Edwin Baker2


INTRODUCTION

   In 2007   four employees   of the town   of Hooksett,  New
Hampshire,   were   fired for  gossiping  about   a  suspected
romantic  liaison between their boss, the Town  Administrator,
and  a  recently  promoted   town  employee.   The   dismissed
employees,  all female, became known  as the Hooksett Four.3

   The  Hooksett Four  sued the town and identified themselves
publicly, giving  numerous   interviews in local  and national
media.4 The Town   of Hooksett responded by issuing a public

*Associate Dean, Arts and Sciences, Associate Professor of Political Science, State
University of New York at Cortland.
  Professor and Director, Business and Executive Programs, Graduate School of
Management and Technology, University of Maryland University College.
  Assistant Professor, Business and Executive Programs, Graduate School of
Management and Technology, University of Maryland University College.

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