Vila , Garcetti , Whistleblowing, and the First Amendment
Author: Linda A. Sharp, J.D..
Source: Volume 09, Number 01, Fall 2007 , pp.9-10(2)
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Abstract:
On April 20, 2007, the Eleventh Circuit Court of Appeals held, in the case of Vila v. Padron (2007 U.S. App. LEXIS 9115), that an employee of Miami-Dade Community College (MDCC), who had criticized illegal or unethical behavior of the college president and other MDCC officials, was engaging in speech that was not protected by the First Amendment. The Eleventh Circuit relied upon the 2006 Supreme Court decision in Garcetti v. Ceballos (126 S. Ct. 1951) in so holding. This article will review the Vila v. Padron decision and also discuss the holding of the Garcetti case. Implications for future whistleblowing cases will also be presented.Keywords: Miami- Dade Community College (MDCC); Akins v. Fulton County; Pickering v. Board of Education;
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