Garcetti Hypos

Consider two hypos involving Assistant Dean Mary Smith, the Admissions Director at a state university.

Case One

Assistant Dean Smith is asked by Dean Tom Jones to write a description of the school's "diversity policy" for inclusion in the minority admission packet sent to minority students the school wishes to attract. Dean Smith describes the schools commitment to diversity accurately, but proceeds to criticize the policy as amounting to unfair discrimination against non-minority applicants. The packet is sent to prospective minority students, many of whom are offended by Dean Smith's criticism of the program.

Case Two

Dean Smith writes a letter to the editor of the state's largest newspaper accurately describing the school's diversity program and criticizing it as amounting to unfair discrimination against non-minority students. Many readers respond to this article, some of them are upset by the policy's unfair reverse discrimination, some of them critical of Dean Smith for having aired her concerns in a public forum.

In both cases Dean Smith is fired or demoted for expressing her criticism of the school's diversity policy.

Apply the First Amendment.