(5b) The United States Supreme Court has held that any statement made
within the organization by a public employee that can be considered
part of her or his official duties is made in their capacity as an
employee and not a citizen, and carries no First Amendment free speech
protection against employer discipline.
Answer the following questions:
- The City Accountant of a small town learns while
reviewing the City’s accounts that the Mayor is stealing money from one
of the town’s bank accounts. The City Accountant is interviewed on the
local television station and screams, “I have just learned today that
the Mayor is stealing your money! Protest City Hall! Call in to City
Hall and demand the Mayor resign now!” - Is the City Accountant’s TV interview and statements, if
true, subject to a libel or slander lawsuit by the Mayor? Were the City
Accountant’s statements on TV covered under freedom of speech? Why or
why not?
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