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BENNETT v. METROPOLITAN GOVERNMENT OF NASHVILLE

No. 19-5818.

977 F.3d 530 (2020)

Danyelle E. BENNETT, Plaintiff-Appellee, v. METROPOLITAN GOVERNMENT OF NASHVILLE & DAVIDSON COUNTY, TENNESSEE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 6, 2020.

Attorney(s) appearing for the Case

ARGUED: Allison Bussell , THE DEPARTMENT OF LAW OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, Nashville, Tennessee, for Appellant. Larry L. Crain , CRAIN LAW GROUP, PLLC, Brentwood, Tennessee, for Appellee. ON BRIEF: Allison Bussell , Paul Jefferson Campbell, II , THE DEPARTMENT OF LAW OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, Nashville, Tennessee, for Appellant. Larry L. Crain, CRAIN LAW GROUP, PLLC, Brentwood, Tennessee, for Appellee. Stephanie L. Gumm , POYNER SPRUILL LLP, Raleigh, North Carolina, for Amicus Curiae.

DAUGHTREY, J., delivered the opinion of the court in which GIBBONS, J., joined, and MURPHY, J., joined in the judgment. GIBBONS, J. (pp. 546-47), delivered a separate concurring opinion. MURPHY, J. (pp. 547-56), delivered a separate opinion concurring in the judgment.

OPINION

At issue in this case is whether a public employee's use of a racial slur when discussing politics on Facebook is sufficiently protected by the First Amendment to outweigh a government agency's interest in having an efficient workplace and effectively serving the public. Plaintiff Danyelle...

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