1. From the Rankin case (p. 411), what is the threshold question to be decided when a public employee maintains that their 1st Amendment rights have been violated? According to Pickering (referenced within) how are the employer’s rights balanced against the employee’s rights in these matters?
2. How did the court use this Pickering balancing in the Garcetti case (p. 418)? Which aspect proved to be the most problematic for the employee?
3. View the interview with Steven Salaita on the Real News Network (link in Ch. 7 folder on Bb). How do the above cases of Rankin and Garcetti apply to the situation with Mr. Salaita?
Do you feel that Mr. Salaita has a viable legal challenge to the University’s termination of him? Why or why not?