Rankin v. McPherson
Encyclopedia
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.
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
.
affirmed the position of the Court of Appeals
. The Court reasoned that, even though McPherson was a probationary employee who could be, as a condition of her hire, be fired for any reason the employer decided — even no reason at all — she deserved to be reinstated if she had been fired for merely exercising a right enshrined in the Constitution. Even though the state, as an employer, certainly has the right to determine certain modes of appropriate conduct among employees, the Court did not believe that this right balanced fairly against an employee's right to discuss matters of "public concern." The life or death of the President
was deemed an obvious matter of public concern, which placed McPherson's comments into the realm of protected speech, further bolstered by the fact that her comment did not amount to a bona fide
threat on the President's life. Just because a statement is incorrect, unpopular, or ill-advised, the Court determined, it does not mean it is beyond constitutional protection (see New York Times Co. v. Sullivan
).
The Court also reasoned that McPherson's comment should not be considered "in a vacuum." That is to say, it should not be looked at as though she spoke her comment without any action precipitating it; rather, it must be taken in the context that surrounded the conversation in which it was said. Because of the context in which it was said (i.e., soon after learning of the failed assassination attempt) and because it did not appear to interfere with the efficient and orderly operation of office business, it was protected speech. The Appellate Court's decision was affirmed, effectively reversing the District Court's ruling and demanded the reinstatement of McPherson as well as the consideration for the damages she sought.
The opinion of the Court was delivered by Justice Marshall
, joined by Justices Brennan, Blackmun
, Powell, and Stevens
concurred. Justice Powell filed a separate concurring decision
. Justice Scalia
filed a dissenting opinion
, and was joined by Chief Justice
Rehnquist
and Justices White and O'Connor
.
dissented, along with Justices White, O'Connor
, and Scalia
. In their dissent, the two-pronged test outlined in Connick v. Myers
was thought to be impermissably expanded in scope by the majority's decision. In this test, one must prove that the speech in question; 1. Was of a matter of public concern, and, 2. Bears greater concern in being said than the employer's concern in suppressing it.
The dissenting Justices felt that even though she claimed she "didn't mean anything by it," it did not actually address any kind of disapproval of the President's policies. Rather, they felt her comment was genuinely expressing the hope that, the next time an assassination was attempted, the President would be killed. The dissenters felt her statement included "violent words" rather than a genuine, albeit hyperbolic, attempt at criticism of the President's policies.
Also, the dissenting Justices felt it was improper for the majority to claim that McPherson's speech was at the "heart" of First Amendment protection when it was only slightly removed from a threat on the President's life, which had already been ruled as unprotected speech. As Scalia's dissent states, "Once McPherson stopped explicitly criticizing the President's policies and expressed a desire that he be assassinated, she crossed the line." They believed that the balancing act proposed by the majority was misguided, and that, instead, it should have balanced McPherson's right to say it against the right of the Constable's Office to prevent such statements in his agency. It was stated that Rankin, as Constable, had a very understandable interest in preventing his employees from even sounding as though they advocated violent crimes in the office, and, as such, the dissenting Justices believed he had even greater weight in the balance.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1987), is a major decision of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. It addressed matters of First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
concern, particularly whether the protection of the First Amendment extends to government employees who make extremely critical remarks about the President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
. The Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
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 constableConstable
A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.-Etymology:...
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
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
, 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
United States District Court for the Southern District of Texas
The United States District Court for the Southern District of Texas is the Federal district court with jurisdiction over the southern part of Texas...
, claiming that her constitutional rights
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
had been violated by the dismissal, specifically her First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
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
Summary judgment
In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....
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
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
, 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
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
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
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
granted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
.
The Decision
The Supreme CourtSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
affirmed the position of the Court of Appeals
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
. The Court reasoned that, even though McPherson was a probationary employee who could be, as a condition of her hire, be fired for any reason the employer decided — even no reason at all — she deserved to be reinstated if she had been fired for merely exercising a right enshrined in the Constitution. Even though the state, as an employer, certainly has the right to determine certain modes of appropriate conduct among employees, the Court did not believe that this right balanced fairly against an employee's right to discuss matters of "public concern." The life or death of the President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
was deemed an obvious matter of public concern, which placed McPherson's comments into the realm of protected speech, further bolstered by the fact that her comment did not amount to a bona fide
Bona Fide
Bona Fide is a studio album from rock band Wishbone Ash. It is the first studio album in six years and is the only studio album to feature guitarist Ben Granfelt...
threat on the President's life. Just because a statement is incorrect, unpopular, or ill-advised, the Court determined, it does not mean it is beyond constitutional protection (see New York Times Co. v. Sullivan
New York Times Co. v. Sullivan
New York Times Co. v. Sullivan, 376 U.S. 254 , was a United States Supreme Court case which established the actual malice standard which has to be met before press reports about public officials or public figures can be considered to be defamation and libel; and hence allowed free reporting of the...
).
The Court also reasoned that McPherson's comment should not be considered "in a vacuum." That is to say, it should not be looked at as though she spoke her comment without any action precipitating it; rather, it must be taken in the context that surrounded the conversation in which it was said. Because of the context in which it was said (i.e., soon after learning of the failed assassination attempt) and because it did not appear to interfere with the efficient and orderly operation of office business, it was protected speech. The Appellate Court's decision was affirmed, effectively reversing the District Court's ruling and demanded the reinstatement of McPherson as well as the consideration for the damages she sought.
The opinion of the Court was delivered by Justice Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
, joined by Justices Brennan, Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
, Powell, and Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
concurred. Justice Powell filed a separate concurring decision
Concurring opinion
In law, a concurring opinion is a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision...
. Justice Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
filed a dissenting opinion
Dissenting opinion
A dissenting opinion is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment....
, and was joined by Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
and Justices White and O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
.
The Dissent
Chief Justice RehnquistWilliam Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
dissented, along with Justices White, O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
, and Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
. In their dissent, the two-pronged test outlined in Connick v. Myers
Connick v. Myers
Connick v. Myers, , is a United States Supreme Court decision concerning the First Amendment rights of public employees who speak on matters of possible public concern within the workplace context. It was first brought by Sheila Myers, an Orleans Parish, Louisiana, assistant district attorney...
was thought to be impermissably expanded in scope by the majority's decision. In this test, one must prove that the speech in question; 1. Was of a matter of public concern, and, 2. Bears greater concern in being said than the employer's concern in suppressing it.
The dissenting Justices felt that even though she claimed she "didn't mean anything by it," it did not actually address any kind of disapproval of the President's policies. Rather, they felt her comment was genuinely expressing the hope that, the next time an assassination was attempted, the President would be killed. The dissenters felt her statement included "violent words" rather than a genuine, albeit hyperbolic, attempt at criticism of the President's policies.
Also, the dissenting Justices felt it was improper for the majority to claim that McPherson's speech was at the "heart" of First Amendment protection when it was only slightly removed from a threat on the President's life, which had already been ruled as unprotected speech. As Scalia's dissent states, "Once McPherson stopped explicitly criticizing the President's policies and expressed a desire that he be assassinated, she crossed the line." They believed that the balancing act proposed by the majority was misguided, and that, instead, it should have balanced McPherson's right to say it against the right of the Constable's Office to prevent such statements in his agency. It was stated that Rankin, as Constable, had a very understandable interest in preventing his employees from even sounding as though they advocated violent crimes in the office, and, as such, the dissenting Justices believed he had even greater weight in the balance.
See also
- List of United States Supreme Court cases, volume 483
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court