Q: What was the opinion of the majority in the Givhan case?
Majority Opinion
a. Rehnquist, writing for the majority, held that even though P was a government employee expressing her speech about an issue of public concern in a private forum, her speech is protected under the First Am. He cited Pickering as support, suggesting that the Pickering balancing test would apply in this situation.
1. If P’s speech was false, then presumably the New York Times v.
Sullivan “actual malice” standard would apply as it had in Pickering,
since the speech is of public concern.
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