On May 30, 2006, the United States Supreme Court issued its decision in Garcetti v. Ceballos. This case is extremely important for all public sector employers, including Virginia local governments, because it establishes the rules that now will govern the First Amendment free speech rights of their employees. Under Garcetti, public sector employers are granted extremely broad latitude in regulating the speech of their employees, provided that speech occurs as part of their employees' official job duties.

All public sector employers should evaluate their personnel practices carefully in the light of Garcetti, and should consider conducting workshops with their department heads for the purpose of explaining Garcetti, the principles it establishes, and the proper way to apply those principles in the day to day management of their departments. For assistance in understanding and implementing the Garcetti decision, please contact Ray Hogge at (757) 961-5400.