THE U.S. SUPREME COURT'S DECISION IN GARACETTI V. CEBALLOS LIMITING THE FREE SPEECH RIGHTS OF PUBLIC EMPLOYEES

WHEREAS, the Supreme Court's May 30 decision in Garacetti v. Ceballos limiting the free speech rights of public sector workers will have a chilling effect on public employees all across this country; and

WHEREAS, this decision does a disservice to all American citizens who depend on quality essential government services; and

WHEREAS, when abuses occur in the public sector, government workers are usually the first to know and report them; and

WHEREAS, as a result of this court decision, public servants will no longer be protected for speaking out on the job and may be fired for bringing abuses to the attention of a supervisor or for actions as basic as writing a memorandum; and

WHEREAS, this decision may lead to placing unfounded, unnecessary and unconstitutional limits on academic freedom in our public colleges and universities; and

WHEREAS, at a time when the media is filled with accounts of rampant corporate abuse and greed and, as a direct result, new laws and safeguards are being demanded by company shareholders and the nation's citizens; and

WHEREAS, AFT members, often at great risk to their careers and livelihood, speak out every day for the public good including:

• teachers, paraprofessionals and school personnel as advocates for children unfairly denied services and assistance;
• nurses and health professionals as patient advocates;
• and state workers and other professionals in government service blowing the whistle on waste and abuse:

RESOLVED, that the EXECUTIVE COUNCIL OF THE AMERICAN FEDERATION OF TEACHERS, AFL-CIO condemn this decision of the U. S. Supreme Court in Garacetti v. Ceballos limiting the free speech rights of public employees and eliminating worker protections from retaliation by supervisors; and

RESOLVED, that the AFT hold that free speech based on content and context of that speech and not job description must be protected. [Executive Council, June 2006]