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- Givhan_v._Western_Line_Consolidated_School_District abstract "Givhan v. Western Line Consolidated School District, 439 U.S. 410, is a 1979 United States Supreme Court decision on the free speech rights of public employees. The Court held unanimously in favor of a schoolteacher fired for her critical remarks in conversations with her principal. Justice William Rehnquist wrote the opinion, with a short concurrence by John Paul Stevens.The petitioner, Bessie Givhan, had believed that various policies and practices of the newly integrated Western Line School District in Mississippi, were meant to sustain school segregation. In private meetings with her new principal, she persistently complained about this. The principal in turn recommended the district not rehire her, citing those conversations as well as some other issues. She joined the ongoing desegregation lawsuit as an intervenor, alleging that her First and Fourteenth Amendment rights to free speech and due process had been violated. The district court hearing the case agreed, but then the Fifth Circuit reversed that decision, holding that since she had not spoken publicly she was not entitled to constitutional protection, distinguishing her case from two other recent decisions in which the Supreme Court had ruled in favor of non-tenured teachers let go by their districts following critical statements by noting that in those cases, the criticism had been expressed in a public context.Rehnquist's opinion rejected that distinction, calling the Fifth Circuit's reading too narrow. He further rejected its claim that Givhan had forced herself on an unwilling listener, since the principal had invited her in. Since the district had cited other, potentially permissible reasons for its action, the Court remanded the case to the district court to apply the Mt. Healthy test, from one of the other two cases involving teachers, and determine if the district had adequate reason to fire her other than the speech. Three years later, the lower court found that it did not, and ordered Givhan reinstated after a 12-year absence.The Court has not had to significantly revisit the holding since then, and it has not been subject to much commentary or legal analysis. Four years later, in Connick v. Myers, its next case on the free speech rights of public employees, it began to limit Givhan and its predecessors by sketching out a test for whether the employee's speech was on a matter of public concern. In the early 21st century, its holding in Garcetti v. Ceballos, that speech made by employees pursuant to their job duties was not protected, appeared to some to complicate Givhan although the Court said it would not.".
- Givhan_v._Western_Line_Consolidated_School_District wikiPageExternalLink getcase.pl?court=US&vol=439&invol=410.
- Givhan_v._Western_Line_Consolidated_School_District wikiPageExternalLink scholar_case?case=15315495495267237014.
- Givhan_v._Western_Line_Consolidated_School_District wikiPageExternalLink 410.
- Givhan_v._Western_Line_Consolidated_School_District wikiPageExternalLink argument.
- Givhan_v._Western_Line_Consolidated_School_District wikiPageExternalLink opinion.
- Givhan_v._Western_Line_Consolidated_School_District wikiPageID "42034405".
- Givhan_v._Western_Line_Consolidated_School_District wikiPageRevisionID "605333968".
- Givhan_v._Western_Line_Consolidated_School_District arguedate "--11-07".
- Givhan_v._Western_Line_Consolidated_School_District argueyear "1978".
- Givhan_v._Western_Line_Consolidated_School_District case "Givhan v. Western Line Consolidated School District".
- Givhan_v._Western_Line_Consolidated_School_District concurrence "Stevens".
- Givhan_v._Western_Line_Consolidated_School_District decidedate "--01-09".
- Givhan_v._Western_Line_Consolidated_School_District decideyear "1979".
- Givhan_v._Western_Line_Consolidated_School_District docket "77".
- Givhan_v._Western_Line_Consolidated_School_District findlaw getcase.pl?court=US&vol=439&invol=410.
- Givhan_v._Western_Line_Consolidated_School_District fullname "Bessie Givhan v. Western Line Consolidated School District et al".
- Givhan_v._Western_Line_Consolidated_School_District holding "Fifth Circuit reversed and remanded.".
- Givhan_v._Western_Line_Consolidated_School_District holding "Teacher's private complaints to principal regarding racially disparate impact of school district policy, however intemperately expressed, were protected speech on a matter of public concern for which she could not be terminated by her public employer.".
- Givhan_v._Western_Line_Consolidated_School_District justia 410.
- Givhan_v._Western_Line_Consolidated_School_District lawsapplied "U.S. Const. Amds. I, XIV".
- Givhan_v._Western_Line_Consolidated_School_District litigants "Givhan v.".
- Givhan_v._Western_Line_Consolidated_School_District litigants "Western Line Consol. Sch. Dist.".
- Givhan_v._Western_Line_Consolidated_School_District majority "Rehnquist".
- Givhan_v._Western_Line_Consolidated_School_District opinionannouncement opinion.
- Givhan_v._Western_Line_Consolidated_School_District oralargument argument.
- Givhan_v._Western_Line_Consolidated_School_District otherSource "Google Scholar".
- Givhan_v._Western_Line_Consolidated_School_District otherUrl scholar_case?case=15315495495267237014.
- Givhan_v._Western_Line_Consolidated_School_District parallelcitations "17280.0".
- Givhan_v._Western_Line_Consolidated_School_District prior "17280.0".
- Givhan_v._Western_Line_Consolidated_School_District scotus "1975".
- Givhan_v._Western_Line_Consolidated_School_District subsequent "Verdict for plaintiff, unreported".
- Givhan_v._Western_Line_Consolidated_School_District uspage "410".
- Givhan_v._Western_Line_Consolidated_School_District usvol "439".
- Givhan_v._Western_Line_Consolidated_School_District subject Category:1979_in_United_States_case_law.
- Givhan_v._Western_Line_Consolidated_School_District subject Category:African-American_history_of_Mississippi.
- Givhan_v._Western_Line_Consolidated_School_District subject Category:Education_in_Washington_County,_Mississippi.
- Givhan_v._Western_Line_Consolidated_School_District subject Category:Greenville,_Mississippi.
- Givhan_v._Western_Line_Consolidated_School_District subject Category:United_States_Court_of_Appeals_for_the_Fifth_Circuit_cases.
- Givhan_v._Western_Line_Consolidated_School_District subject Category:United_States_Free_Speech_Clause_case_law.
- Givhan_v._Western_Line_Consolidated_School_District subject Category:United_States_Supreme_Court_cases.
- Givhan_v._Western_Line_Consolidated_School_District subject Category:United_States_constitutional_torts_case_law.
- Givhan_v._Western_Line_Consolidated_School_District subject Category:United_States_public_employment_case_law.
- Givhan_v._Western_Line_Consolidated_School_District subject Category:United_States_substantive_due_process_case_law.
- Givhan_v._Western_Line_Consolidated_School_District type Case.
- Givhan_v._Western_Line_Consolidated_School_District type LegalCase.
- Givhan_v._Western_Line_Consolidated_School_District type SupremeCourtOfTheUnitedStatesCase.
- Givhan_v._Western_Line_Consolidated_School_District type UnitOfWork.
- Givhan_v._Western_Line_Consolidated_School_District type Situation.
- Givhan_v._Western_Line_Consolidated_School_District comment "Givhan v. Western Line Consolidated School District, 439 U.S. 410, is a 1979 United States Supreme Court decision on the free speech rights of public employees. The Court held unanimously in favor of a schoolteacher fired for her critical remarks in conversations with her principal.".
- Givhan_v._Western_Line_Consolidated_School_District label "Givhan v. Western Line Consolidated School District".
- Givhan_v._Western_Line_Consolidated_School_District sameAs m.0_v3yks.
- Givhan_v._Western_Line_Consolidated_School_District sameAs Q16994156.
- Givhan_v._Western_Line_Consolidated_School_District sameAs Q16994156.
- Givhan_v._Western_Line_Consolidated_School_District wasDerivedFrom Givhan_v._Western_Line_Consolidated_School_District?oldid=605333968.
- Givhan_v._Western_Line_Consolidated_School_District isPrimaryTopicOf Givhan_v._Western_Line_Consolidated_School_District.
- Givhan_v._Western_Line_Consolidated_School_District name "Bessie Givhan v. Western Line Consolidated School District et al".