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One to Keep an Eye On: Lane v. Franks, United States Supreme Court


As with many employment and labor law related cases that are being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Facts:  Lane, a public employee that worked at a community college, uncovered evidence that a legislator was engaged in some corrupt activities.  In August 2008, Lane testified under subpoena in a federal criminal trial that involved the legislator.  When Lane got terminated from his job in early 2009, he sued Franks, president of the college, claiming retaliation in violation of the First Amendment.  

This case raises an issue left undecided in Garcetti v. Ceballos.  In that case, the United States Supreme Court held that a public employee who speaks or writes as part of that employee's job duties enjoys no First Amendment protection. The employer can fire that employee for speaking or writing.  This reasoning centers on the fact that the employee was not speaking or writing as a citizen.

The Main Issue:  Whether the government is categorically free under the First Amendment to retaliate against a public employee for truthful sworn testimony that was compelled by a subpoena and was not a part of the employee’s ordinary job responsibilities.

Lower Court Opinion:  http://www.ca11.uscourts.gov/unpub/ops/201216192.pdf

Current Status:  On January 17, 2014, the United States Supreme Court accepted cert.  Oral argument is set for April 28, 2014. 


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