Rankin v. McPherson, 483 U.S. 378 (1987)Garcetti v. Ceballos, 547 U.S, 410 (2006)

2. The 1\" Amendment typically addresses restraint on expression by the government. Therefore, public employers (being part of the government) need to be aware of 1\" Amendment issues in the workplace. However, the employment arena is quite different than other government actions and therefore freedom of expression at work is treated differently. There is an expression that \"the bill of rights ends at the factory gate." The 1\" Amendment is not a concern for private employers since there is no government action involved. Two of the principal cases in this area are Rankin and Garcetti: Rankin v. McPherson, Garcetti v. Ceballos Both cases were 5-4 opinions at the Supreme Court. a. In Rankin what was the employer's argument as to why Ms. McPherson needed to be red for her expression? 1). In Mn. the Court discusses the balancing test that must be used in these matters (the Pickering balance test). What is the threshold question for expression even to be consulered protected under the 1\" Amendment? What is the Pickering balance test as applied to this situation? In Rankin the employee prevailed, but in Garcetti ______the employee lost. Why? d. What did G__arcetti add to the analysis or standard regarding expression at work? 8