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20 First Amend. L. Rev. 230 (2022)
Critical Race Theory through the Lens of Garcetti v. Ceballos

handle is hein.journals/falr20 and id is 244 raw text is: CRITICAL RACE THEORY THROUGH THE LENS OF GARCETTI V. CEBALLOS Hannah Daigle* INTRODUCTION The First Amendment states no law shall be made abridging the freedom of speech. The Supreme Court has repeatedly protected contentious forms of speech and expression including allowing flag burning,2 brandishing offensive signs during the picketing of a funeral for a deceased veteran,3 and the burning of a cross on an African American family's lawn.4 Despite each of these controversial decisions, all of which broadly protect free speech and expression, the Court has taken issue with an area that on its face, appears far less controversial. In Garcetti v. Ceballos,5 the Court held the First Amendment does not shield a government employee's speech and expression made pursuant to their professional duties from employer discipline.' This ruling drastically narrowed the scope of First Amendment protections that public employees had previously enjoyed.' To be considered a public employee or a public sector employee, one must work for the government of the United States, a state, a territory in possession of the United States, a city, a municipality, a county, or a similar government.' The broad category of public employee encompasses many professions, including police officers, public health care workers, bus drivers, and teachers.' Because the category of public employee is extremely broad, Garcetti implicated thousands of workers. Among the many fields of public employees, public school teachers stood out as a special category to the Court. * Hannah Daigle, Staff Member, First Amendment Law Review, University of North Carolina School of Law. ' U.S. CONST. amend. I. 2 See Texas v. Johnson, 491 U.S. 397 (1989). s See Snyder v. Phelps, 562 U.S. 443 (2011). 4 See R.A.V. v. St. Paul, 505 U.S. 377 (1992). 5 547 U.S. 410 (2006). 6 Seeid. at 426. Ruben J. Garcia, Against Legislation: Garcetti v. Ceballos and the Paradox of Statutory Protection for Public Employees, 7 FIRST AMEND. L. REv. 22, 24 (2008). IAm a Public Sector Employee, U.S. DEP'T OF LAB., https://www.dol.gov/agencies/whd/ffcra/benefits-eligibility- webtool/employee/employee-4 (last visited Apr. 28, 2022). 9 Elizabeth McNichol, Some Basic Facts on State and Local Government Workers, CTR. ON BUDGET AND POL'Y PRIORITIES (June 15, 2012), https://www.cbpp.org/sites/default/files/atoms/files/2-24-11 sfp.pdf. 10 See Garcetti, 547 U.S. at 425.

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