United States Second Circuit

In a suit alleging that plaintiff was terminated from his employment in violation of his First Amendment rights, summary judgment for defendant is affirmed where the government's interests plainly outweigh plaintiff's since the fact that plaintiff's comments at most only minimally touch on matters of public concern means that the government's burden, at the balancing stage, is at its lowest.

Appellate Information

• Decided 06/21/2007
• Published 06/21/2007

Judges

• PER CURIAM:, Before:  McLAUGHLIN, CALABRESI, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Stuart Lichten, Schwartz, Lichten & Bright, P.C., New York, N.Y., for Plaintiff-Appellant.


• For Appellees:
  
• Richard Schoolman, Office of the General Counsel, New York City Transit Authority, Brooklyn, N.Y., for Defendant-Appellee.