5b) The United States Supreme Court has held that any statement made within the organization by a public employee that can be considered part of her or his official duties is made in their capacity as an employee and not a citizen, and carries no First Amendment free speech protection against employer discipline.
Answer the following questions:
- The City Accountant of a small town learns while reviewing the Cityâ€™s accounts that the Mayor is stealing money from one of the townâ€™s bank accounts. The City Accountant is interviewed on the local television station and screams, â€œI have just learned today that the Mayor is stealing your money! Protest City Hall! Call in to City Hall and demand the Mayor resign now!â€
- Is the City Accountantâ€™s TV interview and statements, if true, subject to a libel or slander lawsuit by the Mayor? Were the City Accountantâ€™s statements on TV covered under freedom of speech? Why or why not?
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