This week, the Court considers a public employee's claimed
First Amendment right to speak about an investigation into his
misconduct, and whether a prior action for contribution under the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 barred a subsequent action for recovery of cleanup
costs.
ROBERTS v. SPRINGFIELD UTILITY
BOARD
The Court holds that public employers may restrict their
employees' ability to speak about individual personnel disputes
during misconduct investigations.
The panel: Judges M. Smith, Forrest, and Sung,
with Judge M. Smith writing the opinion.
Key highlight: "[T]he communication
restriction complained of by Roberts does not violate the First
Amendment because it did not limit Roberts' ability to speak
about matters of public concern. Rather, it merely barred him
personally from discussing his own alleged violation of SUB
policies— a matter of private, personal concern—with
potential witnesses or fellow
