1. Majority opinion
a. No. The majority quote the Pickering balancing test above.
The Court held that the government interest in “efficiency”
outweighed the employee’s First Am. rights, and thus the Act was
upheld. Specifically, the Court suggested a number of interests in
favor of the government’s prohibition on the employee’s speech here.
Government employees should not administer government according to
the “will of a political party.” Further, not only the reality but
the appearance to the public that government employees were not
political partisans was important. Finally, it was important that
government employees be insulated from pressure to vote a certain way
or perform political chores in order to curry favor with their superiors than to act out their own beliefs.b. The Act was not overly broad because the regulations promulgated by the Civil Service Commission were sufficiently clear and were not substantially overbroad.
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