PORTER v. CALIFANO

No. 76-3988.

592 F.2d 770 (1979)

Ella S. PORTER, Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., Individually and in his capacity as Secretary of the U. S. Department of Health, Education, and Welfare, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 26, 1979.


Attorney(s) appearing for the Case

Carl E. Chamblee, Birmingham, Ala., Judson H. Miner, Chicago, Ill., for plaintiff-appellant.

Wayman G. Sherrer, U. S. Atty., Henry I. Frohsin, Asst. U. S. Atty., Birmingham, Ala., Sandra H. Shapiro, Deputy Asst. Gen. Counsel, for defendants-appellees.

Before SKELTON, Senior Judge, GOLDBERG and FAY, Circuit Judges.


GOLDBERG, Circuit Judge:

This case involves the constitutional and statutory rights of a federal employee punished for speaking. In recent years Congress and the courts have come a long way in expanding and fortifying those rights and in conferring on public employees citizenship of the first class. This decision is another episode in that journey.

Appellant Ella Porter was suspended without pay for thirty days from her clerk-typist job at the Southeastern...

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