Government interests in efficiency outweigh employee speech rights when the speech impedes duty performance or is judged by its manner, time, place, and context.
A police captain filed a complaint alleging corruption by his chief and subsequently faced reassignment and administrative charges. The officer claimed these actions violated his First Amendment rights. Although the officer's speech regarding government corruption constituted a matter of public concern, the court applied a balancing test to determine if the speech was protected. The court considered whether the speech impeded the government's ability to perform its duties efficiently, the manner, time, and place of the speech, and the context of the speech. Because the officer's disruptive conduct and bitter complaints undermined department morale and operations, the government's interest in efficiency outweighed the employee's speech interest.
At page 1565 Applying the pickering test to public employee speech147 citing cases“although the law is well-established that the state may not demote or discharge a public employee in retaliation for speech protected under the first amendment, a public employee's right to freedom of speech is not absolute.”
- Hartwell v. City of Montgomery, AL, 487 F. Supp. 2d 1313 (M.D. Ala. 2007).published See id. at 151-54, 103 S.Ct. 1684 ; see also Bryson, 888 F.2d at 1567 (“Although [police captain] Bryson could not have been lawfully demoted or terminated for expressing his displeasure with the chief [of police] under the proper circumst…
- Schanley, No. 8:25-cv-00408 (M.D. Fla. Oct. 31, 2025).Bryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir. 1989).
- Norton, No. 0:24-cv-61874 (S.D. Fla. Oct. 17, 2025).“Although the law is well-established that the state may not demote or discharge a public employee in retaliation for speech protected under the first amendment, a public employee’s right to freedom of speech is not absolute.” Bryson v. Ci…
- Miles v. Hamm, 772 F. Supp. 3d 1290 (M.D. Ala. 2025).publishedThe employee must show that: (1) “the speech was made as a citizen on a matter of public concern”; (2) “the employee’s free speech interest . . . outweigh[s] the employer’s interest in effective and efficient fulfillment of its responsibil…
- Johnson v. Florida Dep't of Juv. Just., No. 8:24-cv-02195 (M.D. Fla. Feb. 27, 2025).Relevant here, “a public employee’s right to freedom of speech is not absolute.” Bryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir. 1989) (citation omitted).
- Johnson v. Florida Dep't of Juv. Just., No. 8:24-cv-02195 (M.D. Fla. Dec. 16, 2024).“Although the law is well-established that the state may not demote or discharge a public employee in retaliation for speech protected under the first amendment, a public employee's right to freedom of speech is not absolute.” Bryson v. Ci…
- Friedman v. Town Of Pembroke Park, No. 0:24-cv-60241 (S.D. Fla. Nov. 15, 2024).If these two conditions are met, a public employee’s speech is entitled to First Amendment protections provided “the employee’s [F]irst [A]mendment interests [outweigh] ‘the interest of the state, as an employer, in promoting the efficienc…
- Howell v. Baldwin Cnty. Bd. of Educ., No. 1:20-cv-00502 (S.D. Ala. Jan. 24, 2024).Sys. of Georgia, 804 F.3d 1149, 1159 (11th Cir. 2015) (citing Bryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir. 1989)).
- Oakes Farms Food & Distrib. Servs., LLC v. The Sch. Dist. of Lee Cnty., Florida, No. 2:20-cv-00488 (M.D. Fla. Oct. 17, 2023).Battle v. Bd. of Regents for Ga., 468 F.3d 755 , 759-60 (11th Cir. 2006) (citing Bryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir. 1989)).
- Gomez v. The City of Miami, 696 F. Supp. 3d 1176 (S.D. Fla. 2023).published“The state may not discharge or demote a public employee in retaliation for speech protected by the First Amendment.” Id. (citing Bryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir. 1989)).
Show 113 more citing cases
- Derrick James Williamson, Jr. v. Alabama Dep't of Mental Health & Mental Retardation, No. 21-13274, 2023 WL 5287873 (11th Cir. Aug. 17, 2023).unpublishedBryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir. 1989).
- Warren Darlow v. Frank Babineck, No. 21-13020, 2022 WL 15345444 (11th Cir. Oct. 27, 2022).unpublishedBryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir. 1989).
- Teblum v. The City of Cape Coral Charter Sch. Auth., No. 2:20-cv-00547 (M.D. Fla. Aug. 22, 2022).“If the public employee prevails on the balancing test, the fact-finder determines whether the employee’s speech played a ‘substantial part’ [or ‘motivating factor’] in the government’s decision to demote or discharge the employee.” Bryson…
- Green v. Finkelstein, No. 0:20-cv-62160 (S.D. Fla. Oct. 11, 2021). Sys. of Ga., 804 F.3d 1149, 1159 (11th Cir. 2015) (citing Bryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir. 1989)).
- Teblum v. The City of Cape Coral Charter Sch. Auth., No. 2:20-cv-00547 (M.D. Fla. Mar. 29, 2021).The Teblums’ Protected Speech Claims (Counts I & II) “A government employer may not demote or discharge a public employee in retaliation for speech protected by the First Amendment.” Alves v. Bd. of Regents, 804 F.3d 1149, 1159 (11th Cir.…
- Green v. Finkelstein, No. 0:20-cv-62160 (S.D. Fla. Feb. 4, 2021). Sys. of Ga., 804 F.3d 1149, 1159 (11th Cir. 2015) (citing Bryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir. 1989)).
- Daniel Gilroy v. R. Sean Baldwin, 843 F. App'x 194 (11th Cir. 2021).unpublishedBryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir. 1989).
- Vanlandingham v. The City of Abbeville, Alabama, 455 F. Supp. 3d 1259 (M.D. Ala. 2020).publishedBryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir. 1989).
- Harper v. Houston Cnty. Bd. of Educ., No. 1:17-cv-00721 (M.D. Ala. July 12, 2019).Sys. of Ga., 804 F.3d 1149, 1159 (11th Cir. 2015) (citing Bryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir. 1989).
- Clarence Cox v. Clayton Cnty. Sch. Dist., No. 18-12497 (11th Cir. Feb. 25, 2019).unpublished We have long applied this analysis in cases, like this one, “where the state denies discharging the employee because of speech.” Bryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir. 1989).
- Kathleen Strang v. Albany Georgia, No. 17-11577 (11th Cir. Dec. 31, 2018).unpublishedBryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir. 1989).
- racy L. Chambers v. Cherokee Cnty., No. 18-11581 (11th Cir. July 30, 2018).unpublishedB Nor did the district court err in dismissing Chambers’ First Amendment argument for failure to state a claim. “[T]he law is well-established that the state may not demote or discharge a public employee in retaliation for speech protected…
- Cottrell v. Chickasaw City Schs. Bd. of Educ., No. 1:16-cv-00503 (S.D. Ala. Feb. 7, 2018).Bryson v. City of Waycross, 888 F.2d. 1562, 1565 (11th Cir. 2017) citing Rankin v. McPherson, 483 U.S. 378 , 107 S.Ct. 2891 , 97 L.Ed.2d 315 (1987).
- Atwater v. Tucker, 807 S.E.2d 56 (Ga. Ct. App. 2017).publishedDepartment of Corrections v. Derry, 235 Ga. App. 622, 625 (3) (a) ( 510 SE2d 832 ) (1998) (footnote, citation and punctuation omitted); see Stewart v. Baldwin County Bd. of Educ., 908 F.2d 1499 , 1505 (11th Cir. 1990); Bryson v. City of Wa…
- Doggrell v. City of Anniston, 277 F. Supp. 3d 1239 (N.D. Ala. 2017).published Concerning free speech more specifically, while a governmental entity may not terminate the employment of “a public employee in retaliation for speech protected under the first amendment, a public employee’s right to freedom of speech is n…
- Snipes v. Volusia Cnty., 704 F. App'x 848 (11th Cir. 2017).unpublishedIn this appeal, we consider only the second step — also known as the Pickering balancing test — of this inquiry. 2 As noted above, under the second step of our inquiry, we weigh “the employee’s first amendment interests against ‘the intere…
- Xingzhong Shi v. Trent Montgomery, 679 F. App'x 828 (11th Cir. 2017).unpublishedBryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir. 1989).
- William v. May v. Kevin Sasser, 666 F. App'x 796 (11th Cir. 2016).unpublished Bryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir. 1989).
- Carney v. City of Dothan, 158 F. Supp. 3d 1263 (M.D. Ala. 2016).publishedBryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir.1989) (citing Pickering v. Bd. of Educ., 391 U.S. 563, 568 , 88 S.Ct. 1731 , 20 L.Ed.2d 811 (1968)).
- Cochran v. City of Atlanta, 150 F. Supp. 3d 1305 (N.D. Ga. 2015).publishedAlves v. Bd. of Regents, 804 F.3d 1149, 1158 (11th Cir.2015) (citing Bryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir.1989)).’ Although a citizen “must accept certain limitations on [his] freedom”upon entering government service,…
- Keller v. City of Tallahassee, 181 F. Supp. 3d 934 (N.D. Fla. 2015).publishedIf these two conditions are met, a public employee’s speech is entitled to First Amendment protections provided “the employee’s [F]irst [A]mendment interests [outweigh] ‘the interest of the state, as an employer, in promoting the efficienc…
- Melissa A. Alves v. Bd. of Regents of the Univ. Sys. of Georgia, 804 F.3d 1149 (11th Cir. 2015).published Bryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir.1989).
- Patti Rister v. Larry Meese, 610 F. App'x 960 (11th Cir. 2015).unpublishedBryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir.1989).
- Morris Polion v. The City of Greensboro, 614 F. App'x 396 (11th Cir. 2015).unpublishedSee, e.g., Carter, 731 F.3d at 1168 (equating the showing that the speech played a "substantial part" with the showing that the speech "was a substantial motivating factor in the state’s employment decision”); Bryson v. City of Waycross, 8…
- Charles Anthony Malouff, Jr. v. State, No. 03-13-00723-CR (Tex. App.—Austin Mar. 9, 2015).published Connick v Meyers, 461 U.S. 138, 146 , 103 S. Ct. . ..... -- '. ..-.·· ~ , .. . 1684, 1689, 75 L. Ed. 2d 708 (1983); Rankin, 483 U.S., at 384, 107 S. Ct. at 2896 ; Morgan v '!, .; . r• '' •Ford, 6 F. 3d 750, 754 (11th Cir. 1993), cert deni~…
- Richard J. Hubbard v. Clayton Cnty. Sch. Dist., 756 F.3d 1264 (11th Cir. 2014).publishedDISCUSSION While a government employer “may not demote or discharge a public employee in retaliation for speech protected under the first amendment, a public employee’s right to freedom of speech is not absolute.” Bryson v. City of Waycros…
- Duke v. Hamil, 997 F. Supp. 2d 1291 (N.D. Ga. 2014).publishedDist., 414 F.3d 1313, 1318 (11th Cir.2005) (citing Bryson v. Waycross, 888 F.2d 1562, 1565-66 (11th Cir.1989)).
- Francis R. Carter, Jr. v. City of Melbourne, Florida, 731 F.3d 1161 (11th Cir. 2013).publishedAlthough a government employer “may not demote or discharge a public employee in retaliation for speech protected under the first amendment, a public employee’s right to freedom of speech is not absolute.” Bryson v. City of Waycross, 888 F…
- Lewis v. Eufaula City Bd. of Educ., 922 F. Supp. 2d 1291 (M.D. Ala. 2012).published See, e.g., Rankin, 483 U.S. at 383 , 107 S.Ct. 2891 (“It is clearly established that a State may not discharge an employee on a basis that infringes that employee’s constitutionally protected interest in freedom of speech.”); Akins, 420 F.…
- Marable v. Marion Military Inst., 906 F. Supp. 2d 1237 (S.D. Ala. 2012).publishedId. (citing Bryson v. City of Waycross, 888 F.2d 1562, 1565-66 (11th Cir.1989)).
- Prince D. Brown v. Sch. Bd. of Orange Cnty., Florida, 459 F. App'x 817 (11th Cir. 2012).unpublishedBryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir.1989).
- Walden v. Centers for Disease Control & Prevention, 669 F.3d 1277 (11th Cir. 2012).publishedAkins v. Fulton Cnty., 420 F.3d 1293, 1303 (11th Cir.2005) (citing Bryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir.1989)).
- Larry Camp v. Corr. Med. Servs., Inc., 400 F. App'x 519 (11th Cir. 2010).unpublished"In Pickering, the landmark case concerning a public employee’s [F]irst [A]mendment rights, the Supreme Court held that a public employee’s interests are limited by the state’s need to preserve efficient governmental functions.” Bryson v.…
- Brett Alan Geer v. John F. Harkness, Jr., 134 F. App'x 312 (11th Cir. 2005).unpublished
- Jose Rafael Deprado v. City of Miami, 264 F. App'x 769 (11th Cir. 2008).unpublished
- Zora Paige Barthlow v. James B. Jett, 303 F. App'x 723 (11th Cir. 2008).unpublished
- Rogers v. Miller, 57 F.3d 986 (11th Cir. 1995).published
- Johnson v. Clifton, 74 F.3d 1087 (11th Cir. 1996).published
- Fikes v. City of Daphne, 79 F.3d 1079 (11th Cir. 1996).published
- Athel B. Cooper, Cross-Appellee v. William E. Smith, Individually & in His Off. Capacity as Sheriff of Camden Cnty., Georgia, 89 F.3d 761 (11th Cir. 1996).published
- Mize v. Jefferson City Bd. of Educ., 93 F.3d 739 (11th Cir. 1996).published
- Harris v. Shelby Cnty. Bd. of Educ., 99 F.3d 1078 (11th Cir. 1996).published
- Williams v. Alabama State Univ., 102 F.3d 1179 (11th Cir. 1997).published
- Vista Cmty. Servs. v. Dean, 107 F.3d 840 (11th Cir. 1997).published
- William A. Holbrook v. City of Alpharetta, Georgia, 112 F.3d 1522 (11th Cir. 1997).published
- Walker v. Schwalbe, 112 F.3d 1127 (11th Cir. 1997).published
- Grigley v. City of Atlanta, 136 F.3d 752 (11th Cir. 1998).published
- Gattis v. Brice, 136 F.3d 724 (11th Cir. 1998).published
- Gonzalez v. Lee Cnty. Hous. Auth., 161 F.3d 1290 (11th Cir. 1998).published
- Janet Maggio v. State of Florida, 211 F.3d 1346 (11th Cir. 2000).published
- Jerry M. Stanley v. City of Dalton, Georgia, 219 F.3d 1280 (11th Cir. 2000).published
- Deborah Rice-Lamar v. City of Ft. Lauderdale, 232 F.3d 836 (11th Cir. 2000).published
- Jud. Complaint, In Re:, 239 F.3d 1216 (11th Cir. 2001).published
- Zane W. Mason v. Vill. of El Portal, No. 99-15246 (11th Cir. Feb. 9, 2001).published
- Angie Chesser v. Haralson Cnty., Georgia, No. 99-14594 (11th Cir. Apr. 18, 2001).published
- Adis M. Vila v. Eduardo J. Padron, 484 F.3d 1334 (11th Cir. 2007).published
- Abdur-Rahman v. Walker, 567 F.3d 1278 (11th Cir. 2009).published
- Stewart v. Baldwin Cnty. Bd. of Educ., 908 F.2d 1499 (11th Cir. 1990).published
- Hallandale Prof'l Fire Fighters Local 2238 v. City of Hallandale, 922 F.2d 756 (11th Cir. 1991).published
- Sherryl Snodgrass Goffer v. Carl Harris Marbury, Individually & in His Off. Capacity as President of a & M Leon Frazier, Individually & in His Off. Capacity as Exec. Vice President of a & M Jay Carrington Chunn, Individually & in His Off. Capacity as Vice President for Academic Affairs & Rsch. for a & M, Franklin Perry, Individually & in His Off. Capacity as Tr. of a & M Dinsimore G. Robinson, Individually & in His Off. Capacity as Tr. of a & M Irmatine Bealyer, Individually & in His Off. Capacity as Tr. of a & M Thomas Fuller, Individually & in His Off. Capacity as Tr. of a & M Lucian Blankenship, Individually & in His Off. Capacity as Tr. of a & M Chris McNair Individually & in His Off. Capacity as Tr. of a & M Elliot Maisel, Individually & in His Off. Capacity as Tr. of a & M George A. Miller, Individually & in His Off. Capacity as Tr. of a & M Wayman Sherrer, Individually & in His Off. Capacity as Tr. of a & M John Stallworth, Individually & in His Off. Capacity as Tr. of a & M Oscar D. Tucker, Individually & in His Off. Capacity as Tr. of a & M Clifford Walker, Individually & in His Off. Capacity as Tr. of a & M Guy Hunt, Governor of the State of Alabama, Sherryl Snodgrass Goffer, Cross-Appellee v. Carl Harris Marbury, Individually & in His Off. Capacity as President of a & M Leon Frazier, Individually & in His Off. Capacity as Exec. Vice President of a & M Jay Carrington Chunn, Individually & in His Off. Capacity as Vice President for Academic Affairs & Rsch. for a & M, Franklin Perry, Individually & in His Off. Capacity as Tr. of a & M Dinsimore G. Robinson, Individually & in His Off. Capacity as Tr. of a & M Irmatine Bealyer, Individually & in His Off. Capacity as Tr. of a & M Thomas Fuller, Individually & in His Off. Capacity as Tr. of a & M Chris McNair Individually & in His Off. Capacity as Tr. of a & M Lucian Blankenship, Individually & in His Off. Capacity as Tr. of a & M Elliot Maisel, Individually & in His Off. Capacity as Tr. of a & M George A. Miller, Individually & in His Off. Capacity as Tr. of a & M Wayman Sherrer, Individually & in His Off. Capacity as Tr. of a & M John Stallworth, Individually & in His Off. Capacity as Tr. of a & M Oscar D. Tucker, Individually & in His Off. Capacity as Tr. of a & M Clifford Walker, Individually & in His Off. Capacity as Tr. for a & M Guy Hunt, Governor of the State of Alabama, Cross-Appellants, 956 F.2d 1045 (11th Cir. 1992).published
- Melanie Martinez, Cross-Appellee v. The City of Opa-Locka, Florida, a Mun. Corp., Marcia L. Connor, Individually, Cross-Appellant, 971 F.2d 708 (11th Cir. 1992).published
- Belyeu v. Coosa Cnty. Bd. of Educ., 998 F.2d 925 (11th Cir. 1993).published
- Morgan v. Ford, 6 F.3d 750 (11th Cir. 1993).published
- McCabe v. Sharrett, 12 F.3d 1558 (11th Cir. 1994).published
- Brent K. Hansen v. John Soldenwagner Raymond Malecki John Puleo, City of Sunrise, 19 F.3d 573 (11th Cir. 1994).published
- Tindal v. Montgomery Cnty. Comm'n, 32 F.3d 1535 (11th Cir. 1994).published
- Zane W. Mason v. Vill. of El Portal, Anna Ward, L.D. Kennedy, & Tony Ferguson, Defendants, 240 F.3d 1337 (11th Cir. 2001).published
- Angie Chesser, A.K.A. Angie Kimball v. Amos Sparks, Individually & in His Off. Capacity as Haralson Cnty. Comm'r, 248 F.3d 1117 (11th Cir. 2000).published
- Smith v. Upson Cnty., Ga., 859 F. Supp. 1504 (M.D. Ga. 1994).published
- Williams v. Alabama State Univ., 979 F. Supp. 1406 (M.D. Ala. 1997).published
- Payung v. Williamson, 747 F. Supp. 705 (M.D. Ga. 1990).published
- Williams v. Alabama State Univ., 865 F. Supp. 789 (M.D. Ala. 1994).published
- Douglas v. Evans, 916 F. Supp. 1539 (M.D. Ala. 1996).published
- Greenfield v. City of Miami Beach, Fla., 844 F. Supp. 1519 (S.D. Fla. 1992).published
- Stalter v. City of Montgomery, 796 F. Supp. 489 (M.D. Ala. 1992).published
- Bland v. Madison Cnty., Fla., 895 F. Supp. 1515 (N.D. Fla. 1995).published
- Bd. of Regents of State v. Snyder, 826 So. 2d 382 (Fla. 2d DCA 2002).published
- Anderson-Free v. Steptoe, 970 F. Supp. 945 (M.D. Ala. 1997).published
- Douglas v. Evans, 888 F. Supp. 1536 (M.D. Ala. 1995).published
- Cooper v. Smith, 855 F. Supp. 1276 (S.D. Ga. 1994).published
- Flood v. State of Alabama Dept. of Indus. Relations, 948 F. Supp. 1535 (M.D. Ala. 1996).published
- Addison v. Gwinnett Cnty., 917 F. Supp. 802 (N.D. Ga. 1995).published
- Clark v. City of MacOn, Ga., 860 F. Supp. 1545 (M.D. Ga. 1994).published
- Taylor v. Bartow Cnty., Ga., 860 F. Supp. 1526 (N.D. Ga. 1994).published
- Aspinwall v. Herrin, 879 F. Supp. 1227 (S.D. Ga. 1994).published
- Anderson-Free v. Steptoe, 993 F. Supp. 870 (M.D. Ala. 1997).published
- Thampi v. Collier Cnty. Bd. of Commissioners, 510 F. Supp. 2d 838 (M.D. Fla. 2007).published
- Zimmerman v. Cherokee Cnty., 925 F. Supp. 777 (N.D. Ga. 1995).published
- Abad v. City of Marathon, FL, 472 F. Supp. 2d 1374 (S.D. Fla. 2007).published
- Mandeville v. City of Coral Gables, 50 F. Supp. 2d 1320 (S.D. Fla. 1999).published
- Pate v. Peel, 256 F. Supp. 2d 1326 (N.D. Fla. 2003).published
- Nero v. Hosp. Auth. of Wilkes Cnty., 86 F. Supp. 2d 1214 (S.D. Ga. 1998).published
- Sharp v. City of Palatka, 529 F. Supp. 2d 1354 (M.D. Fla. 2007).published
- Wallace v. Sch. Bd. of Orange Cnty., Fla., 41 F. Supp. 2d 1321 (M.D. Fla. 1998).published
- Signore v. City of Montgomery, Alabama, 354 F. Supp. 2d 1290 (M.D. Ala. 2005).published
- Bennett v. City of Holyoke, 230 F. Supp. 2d 207 (D. Mass. 2002).published
- Carroll v. Neumann, 204 F. Supp. 2d 1344 (S.D. Fla. 2002).published
- Gilder-Lucas v. Elmore Cnty. Bd. of Educ., 399 F. Supp. 2d 1267 (M.D. Ala. 2005).published
- Wagner v. City of Holyoke, 100 F. Supp. 2d 78 (D. Mass. 2000).published
- Allocco v. City of Coral Gables, 221 F. Supp. 2d 1317 (S.D. Fla. 2002).published
- Merriweather v. Alabama Dep't of Pub. Saf., 17 F. Supp. 2d 1260 (M.D. Ala. 1998).published
- St. Louis v. Sands, 401 F. Supp. 2d 1351 (S.D. Fla. 2005).published
- Rice-Lamar v. City of Fort Lauderdale, 54 F. Supp. 2d 1137 (S.D. Fla. 1998).published
- Langlois v. City of Deerfield Beach, Florida, 370 F. Supp. 2d 1233 (S.D. Fla. 2005).published
- Wagner v. City of Holyoke, 241 F. Supp. 2d 78 (D. Mass. 2003).published
- AJ O'Laughlin v. Palm Beach Cnty., 30 F.4th 1045 (11th Cir. 2022).published
- Anderson v. Burke Cnty., 239 F.3d 1216 (11th Cir. 2001).published
- Polion v. City of Greensboro, 26 F. Supp. 3d 1197 (S.D. Ala. 2014).published
- Hudson v. City of Riviera Beach, 982 F. Supp. 2d 1318 (S.D. Fla. 2013).published
- Goffer v. Marbury, 956 F.2d 1045 (11th Cir. 1992).published
- Kang v. The Mayor & Aldermen of the City of Savannah, No. 4:21-cv-00111 (S.D. Ga. June 6, 2024).
- John Labriola v. Miami-Dade Cnty., 142 F.4th 1305 (11th Cir. 2025).published
- Silvia Cotriss v. City of Roswell, No. 19-12747, 2022 WL 2345729 (11th Cir. June 29, 2022).unpublished
At page 1566 Balancing employee speech rights against state interests21 citing cases“a core concern of the first amendment is the protection of the 'whistle-blower' attempting to expose government corruption.”
- Suarez, No. 1:25-cv-20317 (S.D. Fla. Mar. 23, 2026).([A] core concern of the first amendment is the protection of the ‘whistle- blower’ attempting to expose government corruption.)
- Joe Carollo v. Luigi Boria, 833 F.3d 1322 (11th Cir. 2016).published([A] core concern of the first amendment is the protection of the ‘whistle-blower’ attempting to expose government corruption.)
- Pattee v. Georgia Ports Auth., 477 F. Supp. 2d 1253 (S.D. Ga. 2006).published (a core concern of the first amendment is the protection of the ‘whistle-blower’ attempting to expose government corruption)
- Hubert Arturo Acevedo v. Alex Diaz de la Portilla, No. 24-12650 (11th Cir. Aug. 26, 2026).publishedAfter all, this Court has observed that “a core concern of the [F]irst USCA11 Case: 24-12650 Document: 105-1 Date Filed: 08/26/2026 Page: 22 of 31 [A]mendment is the protection of the ‘whistle-blower’ attempting to expose government corrup…
- Hill v. Town of Mocksville, North Carolina, No. 1:20-cv-00653 (M.D.N.C. Dec. 21, 2021).See Benison v. Ross, 765 F.3d 649, 658 (6th Cir. 2014) (once a plaintiff shows speech was a “motivating factor,” the burden “shifts to the employer to demonstrate by a preponderance of the evidence that the employment decision would have b…
- Hill v. Town of Mocksville, North Carolina, No. 1:20-cv-00653 (M.D.N.C. Dec. 17, 2021).See Benison v. Ross, 765 F.3d 649, 658 (6th Cir. 2014) (once a plaintiff shows speech was a “motivating factor,” the burden “shifts to the employer to demonstrate by a preponderance of the evidence that the employment decision would have b…
- White v. City of Athens, 169 F. Supp. 3d 1254 (N.D. Ala. 2016).published([A] core concern of the first amendment is the protection of the ‘whistle-blower’ attempting to expose government corruption.)
- Walker v. Schwalbe, 112 F.3d 1127 (11th Cir. 1997).published
- Jerry M. Stanley v. City of Dalton, Georgia, 219 F.3d 1280 (11th Cir. 2000).published
- Flood v. State of Alabama Dept. of Indus. Relations, 948 F. Supp. 1535 (M.D. Ala. 1996).published
Show 8 more citing cases
- AJ O'Laughlin v. Palm Beach Cnty., 30 F.4th 1045 (11th Cir. 2022).published
- Oladeinde v. Birmingham, City of, 230 F.3d 1275 (11th Cir. 2000).published
- Janice Akins v. Fulton Cnty., Georgia, 420 F.3d 1293 (11th Cir. 2005).published
- Boyce v. Andrew, 510 F.3d 1333 (11th Cir. 2007).published
- Angle v. Dow, 822 F. Supp. 1530 (S.D. Ala. 1993).published
- Camp v. Corr. Med. Servs., Inc., 668 F. Supp. 2d 1338 (M.D. Ala. 2009).published
- Dep't of Corr. v. Derry, 510 S.E.2d 832 (Ga. Ct. App. 1998).published
- Riegel v. The Sch. Bd. of Lee Cnty., Florida, No. 2:23-cv-01133 (M.D. Fla. Apr. 1, 2024).
At page 1567 Balancing speech rights against governmental efficiency interests18 citing casesAlthough [police captain] Bryson could not have been lawfully demoted or terminated for expressing his displeasure with the chief [of police] under the proper circumstances, his speech was not protected when it disrupted the efficient functioning of the police department.
- Hartwell v. City of Montgomery, AL, 487 F. Supp. 2d 1313 (M.D. Ala. 2007).published (Although [police captain] Bryson could not have been lawfully demoted or terminated for expressing his displeasure with the chief [of police] under the proper circumstances, his speech was not protected when it disrupt…)
- Pattee v. Georgia Ports Auth., 477 F. Supp. 2d 1253 (S.D. Ga. 2006).published See Garcetti, 126 S.Ct. at 1962; Bryson, 888 F.2d at 1566 (“a core concern of the first amendment is the protection of the ‘whistle-blower’ attempting to expose government corruption”).
- Green v. Finkelstein, No. 0:20-cv-62160 (S.D. Fla. Oct. 11, 2021). Sys. of Ga., 804 F.3d 1149, 1159 (11th Cir. 2015) (citing Bryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir. 1989)).
- Green v. Finkelstein, No. 0:20-cv-62160 (S.D. Fla. Feb. 4, 2021). Sys. of Ga., 804 F.3d 1149, 1159 (11th Cir. 2015) (citing Bryson v. City of Waycross, 888 F.2d 1562, 1565 (11th Cir. 1989)).
- Robinson v. Jacksonville Shipyards, Inc., 760 F. Supp. 1486 (M.D. Fla. 1991).published
- Iglesias v. Wolford, 667 F. Supp. 2d 573 (E.D.N.C. 2009).published
- Angie Chesser v. Haralson Cnty., Georgia, No. 99-14594 (11th Cir. Apr. 18, 2001).published
- Melanie Martinez, Cross-Appellee v. The City of Opa-Locka, Florida, a Mun. Corp., Marcia L. Connor, Individually, Cross-Appellant, 971 F.2d 708 (11th Cir. 1992).published
- Angie Chesser, A.K.A. Angie Kimball v. Amos Sparks, Individually & in His Off. Capacity as Haralson Cnty. Comm'r, 248 F.3d 1117 (11th Cir. 2000).published
- Addison v. Gwinnett Cnty., 917 F. Supp. 802 (N.D. Ga. 1995).published
Show 7 more citing cases
- Allocco v. City of Coral Gables, 221 F. Supp. 2d 1317 (S.D. Fla. 2002).published
- Robbie Autery v. Kevin Davis, 355 F. App'x 253 (11th Cir. 2009).unpublished
- Beckwith v. City of Daytona Beach Shores, 58 F.3d 1554 (11th Cir. 1995).published
- Cheatwood v. City of Oxford, 785 F. Supp. 926 (N.D. Ala. 1992).published
- Massey v. United Transp. Union, 868 F. Supp. 1385 (S.D. Ga. 1994).published
- Int'l Ass'n of Firefighters Local 3233 v. Frenchtown Charter Twp., 246 F. Supp. 2d 734 (E.D. Mich. 2003).published
- Oakes Farms Food & Distrib. Servs., LLC v. Gregory Adkins, 154 F.4th 1338 (11th Cir. 2025).published
At page 1564 Determining public concern for police officer's speech5 citing casesactivities of the police chief were matters of public concern, but not speech protected by the first amendment to the Constitution; consequently, adverse…
- Frank W. Berry, III v. Thomas L. Coleman, 172 F. App'x 929 (11th Cir. 2006).unpublished
- Mary Quinn v. Monroe Cnty., James L. Roberts, Cnty. Adm'r, Monroe Cnty., individually & in his Off. capacity, 330 F.3d 1320 (11th Cir. 2003).published
- Robinson v. Jacksonville Shipyards, Inc., 760 F. Supp. 1486 (M.D. Fla. 1991).published
- Iglesias v. Wolford, 667 F. Supp. 2d 573 (E.D.N.C. 2009).published
- Thomas v. McKee, 205 F. Supp. 2d 1275 (M.D. Ala. 2002).published
v.
CITY OF WAYCROSS, C.B. Keys, W. Lynn Taylor, Defendants-Appellees, Cross-Appellants
By applying the criteria set forth in Pickering v. Board of Education, 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968), we affirm the district court’s ruling that a police officer’s statements regarding the[*1564] activities of the police chief were matters of public concern, but not speech protected by the first amendment to the Constitution; consequently, adverse personnel actions could lawfully be taken against the police officer.
I.FACTS
In November, 1987, Police Captain J.R. Bryson, an officer with twenty-three years service on the Waycross, Georgia police force, filed a Memorandum of Complaint (“the complaint”) with the city manager, C.B. Heys, alleging that Police Chief W. Lynn Taylor had stolen whiskey from the police department evidence room in 1980. Heys investigated this complaint and other verbal complaints Bryson made about the Chiefs improprieties and decided the complaints were unfounded. In February, 1988, Chief Taylor relieved Bryson of his command and reassigned him to perform duties that Bryson alleges were less significant. After reassignment, Bryson received the same salary, but no longer was allowed use of a police department automobile. During this time, Bryson openly investigated Chief Taylor by interrogating members of the police force and tape-recording conversations.
II.PROCEDURAL HISTORY
On February 11, 1988, Bryson filed this action under 42 U.S.C. § 1983 claiming that his reassignment was in retaliation for the complaint, in violation of his first amendment rights to freedom of expression. The lawsuit named the City of Waycross, Georgia, City Manager C.B. Heys, and Chief of Police W. Lynn Taylor as defendants (“the city”). The city answered that it transferred Bryson for failing to adequately perform his duties and disrupting department operations. In May, 1988, Chief Taylor placed Bryson on administrative leave and filed eight administrative charges, seeking the termination of Bryson’s employment. In June, 1988, the district court granted Bryson’s motion to amend his complaint to allege that the May employment charges against him were brought in retaliation for the lawsuit. The district court denied Bry-son’s motion to add equal protection and other constitutional claims, holding that to do so would “unduly prejudice the defendants.”
At the close of Bryson’s case, the district court determined that the filing of the complaint and the lawsuit were matters of public concern. At that time, the city moved for a directed verdict based on the balancing test between free speech rights and governmental efficiency announced in Pickering v. Board of Education. The city argued that Bryson was reassigned for failure to adequately perform his duties and disruptive behavior, and that the employment charges brought against Bryson in May, 1988, also were based on misconduct. The district court denied the city’s motion, delaying application of the Pickering balancing test until the close of all the evidence. The district court submitted a special verdict form to the jury. [1]
At the close of all the evidence, the district court ruled in favor of the city based on its independent application of the Pickering test.
III.CONTENTIONS OF THE PARTIES
Bryson contends that the district court erred by setting aside the jury’s finding of causation and substituting its own findings of credibility in conducting the Pickering balancing test. Bryson also contends that the district court abused its discretion in denying his motion to amend the complaint with claims based on equal protection.
The city contends that the jury’s finding of causation did not bind the district court. The city argues that the district court’s[*1565] duty under Pickering is to decide the question of causation without help from the jury, and that the jury’s findings were merely advisory. The city also contends that the district court did not abuse its discretion in denying Bryson’s motion to add an equal protection claim to his complaint.
As cross-appellant, the city contends that the district court erred by denying its motion for a directed verdict as to the liability of the city and city manager. The city argues that Bryson did not sufficiently allege that the employment actions taken against him were officially ordered or a matter of city policy, or that the city manager had “final policy making authority” as required by Pembaur v. Cincinnati, 475 U.S. 469, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986). The city also contends, on cross-appeal, that the district court erred in denying the city’s motion in limine to exclude evidence of the alleged liquor theft.
IV. ISSUES
The parties argue four issues: (1) whether the district court properly applied the Pickering test; (2) whether the district court erred in denying Bryson’s motion to amend his complaint to include an equal protection claim; (3) whether the district court erred in denying the city’s motion for directed verdict on the issue of municipal liability; and (4) whether the district court abused its discretion in denying the city’s motion in limine regarding the alleged liquor theft. Because of our holding on issues one and two, we do not decide issues three and four.
V. DISCUSSION
A. The Pickering Issue
Although the law is well-established that the state may not demote or discharge a public employee in retaliation for speech protected under the first amendment, a public employee’s right to freedom of speech is not absolute. Rankin v. McPherson, 483 U.S. 378, 107 S.Ct. 2891, 97 L.Ed.2d 315 (1987). In Pickering, the landmark case concerning a public employee’s first amendment rights, the Supreme Court held that a public employee’s interests are limited by the state’s need to preserve efficient governmental functions.
[T]he state has interests as an employer in regulating the speech of its employees that differ significantly from those it possesses in connection with regulation of the speech of the citizenry in general. The problem in any case is to arrive at a balance between the interests of the [employee] as a citizen, in commenting upon matters of public concern and the interest of the state, as an employer, in promoting the efficiency of the public services it performs through its employees.
391 U.S. at 568, 88 S.Ct. at 1734-35.
In eases where the state denies discharging the employee because of speech, a four-stage analysis has evolved. See generally Kurtz v. Vickrey, 855 F.2d 723 (11th Cir.1988). At the first stage, the court determines the threshold issue raised in Pickering, whether the employee’s speech may be “fairly characterized as constituting speech on a matter of public concern.” Rankin, 483 U.S. at 384, 107 S.Ct. at 2896-97 (quoting Connick v. Myers, 461 U.S. 138, 146, 103 S.Ct. 1684, 1689, 75 L.Ed.2d 708 (1983)). The court examines the content, form, and context of the employee’s speech to determine whether it addresses a matter of public concern. Rankin, 483 U.S. at 384-85, 107 S.Ct. at 2897. Second, if the speech addresses a matter of public concern, the court then applies the second prong of Pickering, the balancing test, weighing the employee’s first amendment interests against “the interest of the state, as an employer, in promoting the efficiency of the public services it performs through its employees.” Pickering, 391 U.S. at 568, 88 S.Ct. 1731. Again, the context and circumstances of the employee’s speech must be considered. Rankin, 483 U.S. at 388, 107 S.Ct. 2898. If the public employee prevails on the balancing test, the fact-finder determines whether the employee’s speech played a “substantial part” in the government’s decision to demote or discharge the employee. Mt. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct. 568, 50[*1566] L.Ed.2d 471 (1977). Fourth, if the employee prevails by showing that the speech was a substantial motivating factor in the state’s employment decision, the state must prove by a preponderance of the evidence that “it would have reached the same decision ... even in the absence of the protected conduct.” Mt. Healthy, 429 U.S. at 286, 97 S.Ct. at 576. This fourth stage has been referred to as a “but for” test; the employer must show that “its legitimate reason, standing alone, would have induced it to make the same decision.” Price Waterhouse v. Hopkins, — U.S. -, 109 S.Ct. 1775, 1791, 104 L.Ed.2d 268 (1989).
The district court satisfied the first stage of this analysis by finding that Bryson’s speech addressed a matter of public concern. Bryson’s initial complaint to the city manager alleged corruption within the city police department. As the district court noted, a core concern of the first amendment is the protection of the “whistle-blower” attempting to expose government corruption. The district court also found that the first amendment protected Bryson’s filing of this lawsuit pursuant to the right to petition for redress of grievances.
The district court independently evaluated the Pickering balancing test and ruled in favor of the city. [2] As part of the circumstances surrounding Bryson’s speech, the court considered evidence of disruptive speech and behavior proffered by the city as legitimate reasons for Bryson's demotion. Bryson contends that the district court erred by adding these non-protected instances of speech into the equation. Resolution of this issue requires us to determine what factors a district court should weigh against the protected speech in the Pickering balancing test.
This court recently visited the Pickering balancing test in Morales v. Stierheim, 848 F.2d 1145 (11th Cir.1988) cert. denied sub nom. Leon v. Avino, — U.S. -, 109 S.Ct. 1124, 103 L.Ed.2d 187 (1989). The Office of Community and Economic Development (OCED) assigned Morales, an agency planner, to develop plans to bring federal money into the Melrose, Dade County, Florida neighborhood. The Melrose Community Advisory Board is a citizen group concerned with development issues. In 1985, OCED reassigned Morales from the Melrose area because of his inability to work with Raymundo Barrios, the chairman of the advisory board. On more than one occasion Morales confronted Barrios, calling him a “hypocrite” and a liar. As in this case, the district court found the statements to be matters of public concern and submitted the causation questions to the jury. The jury found that Morales’s protected speech was the substantial motivating factor in the decision to reassign him, and that he would not have been reassigned in the absence of those statements. The district court subsequently entered judgment for Morales.
This court reversed. The court agreed that Morales’s statements were made in defense of his department’s community development work, and therefore, the statements related to matters of public concern. “In making these accusations, Morales was clearly concerned with bringing to light an ‘actual or potential wrongdoing or breach of public trust’ by Barrios.” Morales, 848 F.2d at 1149. The court based its reversal on its independent review of the Pickering balancing test. Connick v. Myers, 461 U.S. 138, 150 n. 10, 103 S.Ct. 1684, 1691-1692 n. 10, 75 L.Ed.2d 708 (1983) (.Pickering balancing test a question of law).
[*1567] We must consider several factors in balancing the state’s interest in efficient provision of public services against Morales’s speech interest, including: (1) whether the speech at issue impedes the government’s ability to perform its duties efficiently, (2) the manner, time and place of the speech, and (3) the context within which the speech was made. Connick, 461 U.S. at 151-55, 103 S.Ct. at 1692-94; Ferrara, [v. Mills ] 781 F.2d [1508] at 1513 [(11th Cir.1986)].
Morales, 848 F.2d at 1149 (emphasis added). Examining the case under these three criteria, the court found that Morales’s speech on matters of public concern “so severely impeded his own effectiveness and the effectiveness of OCED in the Melrose area that the governmental interest at stake in this case clearly outweighs Morales’s speech interest.”
Our weighing of the Pickering balancing test, using the three Morales criteria, leads us to agree with the district court and find that Bryson’s speech was so disruptive of the Waycross Police Department that the city’s interest in assuring efficient police protection outweighs Bryson’s speech interest. In considering whether Bryson’s speech impeded the city’s ability to perform its duties efficiently, we examine “whether the statement impairs discipline by superiors or harmony among co-workers, [or] has a detrimental impact on close working relationships for which personal loyalty and confidence are necessary.” Rankin, 483 U.S. at 388, 107 S.Ct. at 2898. Bryson’s bitter complaints to all who would listen in the police department and his active investigation of Chief Taylor severely undermined the morale of the police department. Some officers even avoided the police station because of Bryson’s animosity toward the chief. According to several witnesses, Bry-son’s conduct substantially interfered with police department operations.
Bryson’s speech would have been found protected had he confined his complaint to the proper time, place, and manner. In Waters v. Chaffin, 684 F.2d 833 (11th Cir.1982), we held that a police officer could not be demoted for calling the police chief a “bastard” and a “son-of-a-bitch” where the officer was off duty and communicating privately with a friend. Bryson, however, chose to spend police department time broadcasting his rancor. Although Bryson could not have been lawfully demoted or terminated for expressing his displeasure with the chief under the proper circumstances, his speech was not protected when it disrupted the efficient functioning of the police department. The evidence also indicates that Bryson had become increasingly dissatisfied with personnel decisions the chief of police made during the prior two or three years. A favorable job assignment he desired had recently been given to another officer. Therefore, the context of Bryson’s speech concerns an ongoing personnel dispute, and “additional weight must be given to the supervisor’s view that the employee has threatened the authority of the employer to run the office.” Con-nick, 461 U.S. at 153, 103 S.Ct. at 1693.
The Pickering balancing test is not performed in a vacuum. Rankin, 483 U.S. at 388, 107 S.Ct. at 2897. We find, therefore, that the district court properly considered the circumstances surrounding Bryson’s statements.
B. Other Issues
Because we hold that Bryson’s speech is not protected under the Pickering test, we need not reach the issues of municipal liability and admissibility of evidence.
The remaining issue is whether the district court abused its discretion by denying Bryson’s motion to amend the complaint with an equal protection claim. Leave to amend may be denied where the opposing party would be unduly prejudiced by allowance of the amendment. Foman v. Davis, 371 U.S. 178, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962). The court specifically found that the city would be prejudiced if the amendment were allowed. Because we cannot say that the allowance of an entirely different theory of the case during the last week scheduled for discovery would not unduly prejudice the city, we hold that the district court did not abuse its discretion by denying the motion to amend.
[*1568] CONCLUSION
In summary, we hold that the district court did not err either in considering the circumstances surrounding Bryson’s speech, or in denying Bryson’s motion for leave to amend. Although we note that the district court expressed reluctance and regret in ruling against Bryson because he found that “a cursory examination of the defendant’s dubious actions in this case reveals an unsavory portrait of the Way-cross Police Department,” the judgment is affirmed.
AFFIRMED.
. The jury answered three special questions, finding that: (1) either the complaint or the filing of this lawsuit was a substantial or motivating factor either in the decision to reassign Bryson or in the decision to bring employment charges against him; (2) absent Bryson’s complaint or lawsuit, these adverse employment actions would not have been taken against him; and (3) the city's interest in efficient operation of the police force did not outweigh Bryson’s first amendment rights. The jury awarded Bry-son $31,000 in actual damages and $4,000 in punitive damages.
. In the special verdict form, the jury was asked to answer the question presented in the Pickering balancing test, i.e., whether Bryson’s interest in free speech is outweighed by the state’s interest in the efficient functioning of the police department. The jury found that Bryson's interests were paramount. The district court correctly determined, however, that the jury findings on the Pickering balancing test were only advisory. See Morales v. Stierheim, 848 F.2d 1145 (11th Cir.1988) cert. denied sub nom. Leon v. Avino, — U.S. -, 109 S.Ct. 1124, 103 L.Ed.2d 187 (1989).
The court determines the Pickering balancing test on motion for directed verdict or at the close of all the evidence. In cases where the public employee prevails on the Pickering balancing test which is a question of law, the jury then determines the causation and damages issues.