On August 9, 2024, a panel of the United States Court of Appeals for the Sixth Circuit held for a former public employee Eric Noble, represented by Matt Okiishi of our Employment Law group, that his posting of a meme critical of a well-known protest movement while on his private time was “protected speech” under the First Amendment.
While the public employer asserted that it terminated Mr. Noble because it “anticipated disruption,” the panel determined that this belief failed to be “objectively reasonable.” The panel also noted that the public employer’s decision to engage in the same debate as Mr. Noble cast “doubt on its motive for firing him,” undercut its interest in maintaining workplace harmony, and violated the First Amendment’s prohibition against allowing “one side of a debate from using the government to cancel the other side.”
The panel concluded that because Mr. Noble was terminated in retaliation for exercising his First Amendment speech rights, and prior precedent “does not give the Library carte balance to take away Mr. Noble’s means of livelihood based on his speech,” he was entitled to summary judgment in his favor. A copy of the decision in the case styled Eric Noble v. Cincinnati & Hamilton County Public Library, et al. is linked here.
The Court has recommended this victory for full publication, signifying that it views the case as one of great importance and significance. This victory also comes just three years after another free speech victory by our firm, Barger v. United Bhd. of Carpenters & Joiners of Am., 3 F.4th 254 (6th Cir. 2021) (discussed here).
