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BOROUGH OF DURYEA, PA. v. GUARNIERI

No. 09-1476.

131 S.Ct. 2488 (2011)

564 U.S. 379

180 L.Ed.2d 408

BOROUGH OF DURYEA, PENNSYLVANIA, et al., v. Charles J. GUARNIERI.

Supreme Court of United States.

Decided June 20, 2011.

Attorney(s) appearing for the Case

Daniel R. Ortiz , Charlottesville, VA, for petitioner.

Joseph R. Palmore , for United States as amicus curiae, by special leave of the Court, supporting the petitioners.

Eric Schnapper , Seattle, WA, for respondent.

Joseph A. O'Brien , Karoline Mehalchick , Oliver, Price & Rhodes, Clarks Summit, PA, Daniel R. Ortiz , Counsel of Record, Toby J. Heytens , University of Virginia School of Law, Supreme Court Litigation Clinic, Charlottesville, VA, Mark T. Stancil , Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Washington, DC, David T. Goldberg , Donahue & Goldberg, LLP, New York, NY, John P. Elwood , Vinson & Elkins LLP, Washington, DC, for Petitioners.

Cynthia L. Pollick , Pittston, PA, Eric Schnapper , Counsel of Record, School of Law, University of Washington, Seattle, WA, for Respondent.

Justice KENNEDY delivered the opinion of the court.

Among other rights essential to freedom, the First Amendment protects "the right of the people . . . to petition the Government for a redress of grievances." U.S. Const., Amdt. 1. This case concerns the extent of the protection, if any, that the Petition Clause grants public employees in routine disputes with government employers. Petitions are a form of expression, and employees who invoke the Petition Clause in...

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