Connick v. Myers

461 U.S. 138 (1983)

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Nature of the Case

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Facts

Myers, an Assistant D.A. in New Orleans, was informed by Connick (her boss) that she would be transferred to prosecute cases in a different section of the criminal court. Myers strongly opposed the transfer and expressed her view to several supervisors, including Connick. When one supervisor told her that her concerns were not shared by others in the office, she told him she would do some research and prepared a questionnaire soliciting the views of her fellow staff members concerning office transfer policy, office morale, the need for a grievance committee, the level of confidence in supervisors, and whether employees felt pressured to work in political campaigns. She distributed the questionnaire to 15 Assistant D.A.’s. One of Connick’s First Assistants told Connick that Myers was creating a ‘mini-insurrection’ within the office. Connick promptly told Myers that she was being terminated because of her refusal to accept the transfer and because her distribution of the questionnaire was an act of insubordination. Myers claimed that her termination violated the free speech clause, and the District Court and Court of Appeals agreed, relying on Pickering.