Stephen Breyer
Role at the time: Associate justice of the United States Supreme Court
Mixed or conditional
Statement summary
Breyer says the majority's categorical answer is too absolute.
“In a word, the majority says, “never.” That word, in my view, is too absolute.”
Read the original text (opens in a new tab)Supreme Court opinions in Garcetti v. Ceballos547 U.S. 410; majority and Souter dissent
The majority addresses speech pursuant to public employees' official duties. The decision does not repeal statutory whistleblower protections and reserves scholarship and teaching.
Why we used this label
Relative to Garcetti's official-duty exclusion, Breyer rejects a categorical bar but would apply balancing in special circumstances involving professional and constitutional obligations. He also criticizes Souter's broader approach.