Section 31-51q

Citation: Section 31-51q
Parent Document: Cotto v. United Technologies Corp., 251 Conn. 1 (1999)
Jurisdiction: Connecticut (state)
Effective Date: 1999-10-12
Original Source: https://www.courtlistener.com/opinion/7898264/cotto-v-united-technologies-corp/ ↗

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The United States Supreme Court, in a five to four decision, analyzed the case as follows. First, as a general matter, the case required the court 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.” (Internal quotation marks omitted.) Id., 142. Second, although the plaintiffs communication was not entirely without first amendment protection, there is also a “common-sense realization that government offices could not function if every employment decision became a constitutional matter.” Id., 143. Third, “[w]hen employee expression cannot be fairly considered as relating to any matter of political, social, or other concern to the community, government officials should enjoy wide latitude in managing their offices, without intrusive oversight by the judiciary in the name of the First Amendment.” Id., 146. Fourth, “[w]hether an employee’s speech addresses a matter of public concern must be determined by the content, *35form, and context of a given statement, as revealed by the whole record.” Id., 147-48. Applying these principles, the court concluded that, with one exception, the plaintiffs questionnaire did not address matters of public concern. Id., 149. The exception was the question that asked whether assistant district attorneys felt pressured to work in political campaigns “on behalf of office supported candidates,” which did relate to a matter of public concern. Id.

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