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''Rankin v. McPherson'', 483 U.S. 378 (1987), is a major decision of the Supreme Court of the United States. It addressed matters of First Amendment concern, particularly whether the protection of the First Amendment extends to government employees who make extremely critical remarks about the President. The Supreme Court ruled that, while direct threats on the President's life would not be protected speech, a comment — even an unpopular or seemingly extreme one — made on a matter of public interest and spoken by a government employee with no policymaking function and a job with little public interaction, would be protected. ==Background== Ardith McPherson was a deputy constable working in Texas's Harris County Constable's office. Despite her title of "deputy constable," she, as part of her normal duties, was not dispatched to act as a law enforcement official. Furthermore, her office did not have a telephone, the general public did not have easy access to her, and her regular activities were essentially all clerical in nature, such as data entry. She was a "deputy constable" simply by virtue of everyone working in the office being given that title. McPherson had the radio on in her office, when she learned of an assassination attempt on Ronald Reagan, President of the United States at that time. During a conversation with another office worker, Lawrence Jackson, she remarked, "Shoot, if they go for him again, I hope they get him." This comment, unbeknownst to McPherson, had been overheard by another deputy constable, who had then reported what he heard to Constable Rankin, effectively in charge of all those in the office. He requested to speak with McPherson, who admitted to him what she had said, stating, "Yes, but I didn't mean anything by it." After the conversation, Constable Rankin terminated her employment. After being fired, McPherson brought suit in the United States District Court for the Southern District of Texas, claiming that her constitutional rights had been violated by the dismissal, specifically her First Amendment right of free speech. She sued for reinstatement, backpay, costs and fees, and "equitable relief," likely related to her emotional distress at having been fired. The District Court granted summary judgment to Rankin, claiming that her speech was unprotected and her termination was entirely proper. McPherson appealed to the United States Court of Appeals for the Fifth Circuit, which ruled that the Southern District of Texas District Court should re-try the case, as "substantial issues of material fact regarding the context in which the statement had been made" did not allow for a summary judgment. On remand, the District Court again ruled that McPherson's statements did not fall under protected speech, which, once again, the Appellate Court reversed. In the Appellate Court's opinion, McPherson's comment had addressed a matter of "public concern," which required that a balancing consideration be invoked, weighing McPherson's free speech rights against the state's interest in maintaining "efficiency and discipline in the workplace." The Court of Appeals overturned the District Court's opinion, remanding the case to determine an appropriate remedy. The Supreme Court granted certiorari. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Rankin v. McPherson」の詳細全文を読む スポンサード リンク
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