The 5th Circuit, sitting en banc, ruled last week that a hospital's interest in preventing disruption of its services by banning an employee from wearing a pro-union button trumps the employee's First Amendment free-speech right. The majority applied the balancing test in the 1968 U.S. Supreme Court decision, Pickering v. Board of Education , which weighs the interests of an employee as a citizen against the interests of the government employer in promoting efficiency in providing services.
October 11, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
In a 13-4 decision on Thursday, the 5th U.S. Circuit Court of Appeals held that a hospital’s interest in preventing disruption of its services by banning an employee from wearing a pro-union button trumps the employee’s First Amendment free-speech right.
Sitting en banc, the 5th Circuit reversed a three-judge panel’s December 2004 decision in Communications Workers of America and Urbano Herrera. v. Ector County Hospital District, d/b/a/ Medical Center Hospital, et al.
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