Tag Archives: Pickering Balancing Test

11th Circuit Rejects Cobb County Firefighter’s First Amendment Claims

The 11th Circuit has ruled that a firefighter who was disciplined for calling an elected official to complain about apparatus being out-of-service, was not engaging in protected speech. Cobb County firefighter Scott Millspaugh filed suit last year claiming his demotion was retaliation for his having called Commissioner Keli Gambrill.

Court Rules FDNY First Amendment Suit Can Proceed

A US District Court judge has refused to dismiss a lawsuit brought by an FDNY deputy assistant chief who was denied a promotion for refusing to renounce letters to the editor he wrote decades ago relative to merit based testing. Even more interestingly, Judge Brian M. Cogan suggested that the proper First Amendment analysis for the case is not the traditional Pickering Balancing Test, but rather one that looks at the ability of government to compel the speech of public employees.

Louisiana Firefighter Loses Appeal Over Termination for Facebook Post

A Louisiana firefighter who was fired for referring to his fire district’s board of commissioners as “a board of clueless idiots” on Facebook, has lost an appeal to the Fifth Circuit Court of Appeals to get his job back. Joseph Larry Moreau, Jr. was fired by St. Landry Fire Protection District No. 3 in 2018

Today’s Burning Question: Should The Loser Pay?

Today’s Burning Question: If someone files suit against a fire department and loses, shouldn’t they have to pay the city’s legal bills? Answer: That is not how our legal system works. Let’s use a recent case out of Sebring, Florida to better understand the issues.

Trial Court Renders Split Decision to Kelvin Cochran And Atlanta

The trial judge in the case of former Atlanta Fire Chief Kelvin Cochran handed down her long-awaited ruling this week, and it was a split decision. Chief Cochran was terminated in 2014 after he published a religious-themed book in conjunction with his ministry that many considered to be offensive to the LGBT community.

Howard County Facebook Discipline Case Headed to US Supreme Court

Howard County Battalion Chief Kevin Buker is appealing the ruling of the 4th Circuit Court of Appeals up to the United States Supreme Court. Chief Buker was terminated in 2013 following a series of Facebook posts relating to the gun-control debate.

Court Strikes Down Police Department Social Media Policy In Ho-Hum Non-Precedent Setting But Widely Discussed Decision

Today’s burning question: I just saw that the 4th Circuit struck down a police department’s social media policy based on the First Amendment. I live in Nevada, which is part of the 9th Circuit. Will that ruling be binding here? Answer: Boy, there sure is a lot of interest in that 4th Circuit case. I have received over 25 emails and social media contacts TODAY ALONE.

11th Circuit Rules Florida Assistant Chief Has No First Amendment Protection

An assistant chief who was terminated after he complained publically that the “City’s actions would negatively impact the fire department’s provision of services”, was not entitled to protection under the First Amendment, according to a ruling handed down last week by the 11th Circuit.

Houston Firefighter’s Post Sparks Complaints

A Houston firefighter has been placed on administrative duties as the department investigates offensive anti-Islamic posts on his personal Facebook page. The unidentified firefighter allegedly made the posts last month drawing the attention of KTRK TV Channel 13, who in turn brought them to the attention of the fire department.

Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone