“Granting summary judgment based on such ‘vague and conclusory’ concerns, without more, runs the risk of constitutionalizing a heckler’s veto. Enough outsider complaints could prevent government employees from speaking on any controversial subject, even on their own personal time. And all without a showing of how it actually affected the government’s ability to deliver ‘public services’—here, fighting fires and protecting public safety,” Judge David R. Stras wrote.
“Granting summary judgment based on such ‘vague and conclusory’ concerns, without more, runs the risk of constitutionalizing a heckler’s veto. Enough outsider complaints could prevent government employees from speaking on any controversial subject, even on their own personal time. And all without a showing of how it actually affected the government’s ability to deliver ‘public services’—here, fighting fires and protecting public safety,” Judge David R. Stras wrote.
