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Make No Law: The First Amendment Podcast

On The Job

Make No Law: The First Amendment Podcast

Legal Talk Network

Politics, History, Government, News

4.9644 Ratings

🗓️ 14 February 2018

⏱️ 24 minutes

🧾️ Download transcript

Summary

When Richard Ceballos, a deputy district attorney in Los Angeles County, expressed concern about the validity of a search warrant in 2000, he discovered the fuzzy line between free speech rights and the need for government entities to maintain workplace discipline. Ken White explores the Garcetti v. Ceballos case, the results of which saddle government employees with a tough decision when reporting misconduct to their superiors. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

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0:04.8

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0:12.4

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0:17.4

From startups to scaleups, online, in person, and on the go. Shopify is made for

0:22.8

entrepreneurs like you. Sign up for your $1 a month trial at Shopify.com slash setup. Most Americans understand that the First Amendment protects their free speech from the government.

0:48.3

The government can't put you in jail for what you say.

0:51.3

The courts can't award a judgment against you for protected

0:55.3

speech. But what about private parties? Well, that's something else. As every kid finds out,

1:01.8

you don't have a First Amendment right to mouth off at your parents. There's no free speech

1:06.6

doctrine to protect you if your significant other dumps you over something stupid you said.

1:12.1

And your boss? She could fire you for yelling at her at work. But what if your boss is the government?

1:19.3

What then? Is your speech protected like a citizen speaking out to the state? Or unprotected,

1:26.3

like an employee speaking out to an employer?

1:29.3

Richard Sabios is a deputy district attorney in Los Angeles County,

1:34.3

and as he found out when he reported police misconduct to his superiors, it's complicated.

1:40.3

Springport was not concerned whether or not I did the right thing.

1:46.9

It was procedural.

1:48.7

It was all procedural.

1:50.3

It's like, well, regardless of whether you did the right thing or not,

1:53.0

we just don't think you're protected because your government employee speaking within the course and scope of your employment.

1:59.9

And therefore, you are speaking for the

2:01.8

government and the government does not have a First Amendment right. It had nothing to do with

...

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