Rankin v. McPherson
97 L. Ed. 2d 315 · Supreme Court of the United States · 1987
Facts
Ardith McPherson, a clerical deputy in a Harris County, Texas Constable's office, was fired after remarking, "If they go for him again, I hope they get him," upon hearing of an assassination attempt on the President. Her duties were purely clerical, and the remark was made in a private conversation with a co-worker in an area not accessible to the public. Constable Rankin fired her because he believed she "meant it" and was unsuitable for a law enforcement agency.
Issue
Was a clerical employee in a Constable's office properly discharged for expressing a controversial opinion about the President, given her First Amendment rights and the employer's interest in promoting the efficiency of public services?
Holding
No, the discharge was improper. The Court affirmed the Court of Appeals' decision, finding that McPherson's speech was protected by the First Amendment and the employer's interest did not outweigh her rights.
Rule
The Court applies the Pickering/Connick balancing test: whether the employee's speech addresses a matter of public concern, and if so, balancing the employee's interest as a citizen in commenting on public matters against the state's interest as an employer in promoting efficient public services. The nature of the employee's job, the context of the speech, and its impact on office functioning are crucial considerations.
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