A public hospital fired an obstetrics nurse, Cheryl Churchill, for insubordination after she allegedly complained about her superiors to a nurse trainee during a dinner break in the hospital's obstetrics unit. Churchill claimed that the hospital fired her because she opposed its policy of nurse cross-training and said it was leaving certain units understaffed.
Was Churchill's firing impermissible under the First Amendment?
Yes, but the Court was unable to forge a majority opinion. A four-justice plurality held that government workers cannot be dismissed or otherwise punished for their words unless the employer has a reasonable basis for believing that the speech either was disruptive or involved a matter of purely private concern, outside the scope of the First Amendment's protection. The hospital need not conduct a full-scale investigation, but it must have some reasonable, factual basis for its actions.
Decisions
Decision: 7 votes for Waters, 2 vote(s) against Legal provision: Amendment 1: Speech, Press, and Assembly
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Judgment of the Court by Justice Sandra Day O'Connor
