No. 04-473.

547 U.S. 410 (2006)


Supreme Court of United States.

Reargued March 21, 2006.

Decided May 30, 2006.

Attorney(s) appearing for the Case

Cindy S. Lee argued and reargued the cause for petitioners. With her on the briefs were Jin S. Choi and Doraine F. Meyer.

Dan Himmelfarb argued, and Deputy Solicitor General Kneedler reargued, the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Clement, Assistant Attorney General Keisler, Mr. Himmelfarb, William Kanter, Michael E. Robinson, Mark A. Robbins, Steven E. Abow, and Robin M. Richardson.

Bonnie I. Robin-Vergeer argued and reargued the cause for respondent. With her on the brief were Scott L. Nelson and Brian Wolfman.*

JUSTICE KENNEDY delivered the opinion of the Court.

It is well settled that "a State cannot condition public employment on a basis that infringes the employee's constitutionally protected interest in freedom of expression." Connick v. Myers, 461 U.S. 138, 142 (1983). The question presented by the instant case is whether the First Amendment protects a government employee from discipline...

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