In this term, like so many others, the U.S. Supreme Court focused considerable attention on the First Amendment. The court heard oral arguments in April in two such cases—one concerning the protections afforded a public employee while testifying under subpoena, and one concerning the ability of individuals to challenge speech-restrictive campaign laws. Both of these cases present the court with the difficult task of applying longstanding doctrine to new and perplexing problems.
Lane v. Franks
In Lane v. Franks, No. 13483, the Supreme Court is asked to determine whether and to what extent a public employee’s subpoenaed testimony is protected by the First Amendment. Edward Lane served as the director of a program for at-risk youth at Central Alabama Community College (CACC). As part of his official duties, Lane audited the program’s finances. In so doing, Lane discovered that Suzanne Schmitz, an Alabama state legislator, was fraudulently arranging and concealing a “no-show” job for herself at the program. The United States prosecuted Schmitz and subpoenaed Lane to testify at grand jury proceedings and at two criminal trials. Pursuant to that subpoena, Lane testified about his audit findings. A jury convicted Schmitz of several counts of mail fraud and fraud. Shortly thereafter, the president of CACC, respondent Steve Franks, fired Lane. Lane filed a lawsuit alleging that CACC terminated him in retaliation for his testimony in violation of the First Amendment.
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