A prosecutor writes a memorandum expressing concerns about a search warrant issued by a judge. The prosecutor is terminated for cause. Discuss whether the government abridged the prosecutor's free speech rights
What will be an ideal response?
The First Amendment prohibits the government from abridging free speech. In determining whether speech by a public employee is protected, the question is whether the employee spoke as a citizen on a matter of public concern. If the answer is no, the government has broader discretion to restrict the speech, similar to a private employer. If the individual spoke as a citizen on an issue of public concern, the government can restrict speech only to the extent necessary to ensure the efficient and effective operation of the employer. In Garcetti v. Ceballos, 547 U.S. 410 (2006), the U.S. Supreme Court held that a district attorney's memorandum outlining his concerns with a search warrant did not constitute protected speech, and thus his termination was not an abridgement of free speech, because the memorandum was written in the course of his official job responsibilities.
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A subpoena duces tecum is limited by the number of documents it may command, but not the type of documents.
Answer the following statement true (T) or false (F)
Which of the following is not a type of legal letter?
a. an informative letter b. an opinion letter c. a confirmation letter d. a settlement letter
________ are appointed by the U.S. trustee to administer bankruptcy estates filed under Chapters 7, 11, and 13
A) Public trustees B) Private trustees C) Case workers D) Real estate agents