AJ 025 Lecture Notes - Lecture 26: Commercial Speech, Eric Garcetti

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More important speech rights to a business. More important limitations from a business prospective include limitations on. Public employee speech public employee speech, commercial speech, political speech by a business, and defamation. In 2006, the supreme court decicded garcetti et al v. ceballos 2006. In a 5-4 opinion the court handed down a narrow decision distinguishing between official and private speech. The court handed down a new method of determining when the first amendment protects public employees speech. The court held that when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for first amendment purposes, and the constitution does no insulate their communications from employer disciple. The controlling factor is whether the statement is made pursuant to official duties and responsibilities. Restricting that type of speech does not infringe on any first amendment rights, it simply allows the employer to have control over the employees official duties and responsibilities.

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