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In the Matter of Wayne Spence, as President of the New York State Public Employees Federation, AFL-CIO, et al., Appellants,v.New York State Department of Agriculture and Markets et al., Respondents.

Brief

34 Cited authorities

  1. Garcetti v. Ceballos

    547 U.S. 410 (2006)   Cited 4,010 times   62 Legal Analyses
    Holding if an employee does not speak as a citizen on a matter of public concern, "the employee has no First Amendment cause of action based on his or her employer's reaction to the speech"

  2. Connick v. Myers

    461 U.S. 138 (1983)   Cited 5,851 times   15 Legal Analyses
    Holding that an employer need not "allow events to unfold to the extent that the disruption of the office and the destruction of working relationships is manifest before taking action"

  3. Pickering v. Board of Education

    391 U.S. 563 (1968)   Cited 5,651 times   28 Legal Analyses
    Holding teacher's dismissal for criticizing school board unconstitutional

  4. Broadrick v. Oklahoma

    413 U.S. 601 (1973)   Cited 3,431 times   2 Legal Analyses
    Holding that Oklahoma may regulate the political activities of its state employees

  5. Waters v. Churchill

    511 U.S. 661 (1994)   Cited 928 times   3 Legal Analyses
    Holding that basing a termination decision on "the word of two trusted employees, the endorsement of those employees’ reliability," and "a face-to-face meeting with the employee he fired" was reasonable and "no further time needed to be taken"

  6. United States v. Treasury Employees

    513 U.S. 454 (1995)   Cited 558 times   2 Legal Analyses
    Holding federal-employee honoraria ban unconstitutional

  7. United States Civil Service Commission v. National Ass'n of Letter Carriers

    413 U.S. 548 (1973)   Cited 927 times
    Holding that Congress's interest in maintaining an apolitical bureaucracy justified the Hatch Act's restrictions on political activity

  8. Loftus v. Bobzien

    848 F.3d 278 (4th Cir. 2017)   Cited 189 times
    Noting the Fourth Circuit has not recognized a First Amendment right to hold elected office

  9. JF Capital Advisors, LLC v. Lightstone Group, LLC

    2015 N.Y. Slip Op. 5622 (N.Y. 2015)   Cited 182 times
    Denying motion to dismiss based on statute of frauds where plaintiff was not acting as intermediary

  10. Phillips v. City of Dall.

    781 F.3d 772 (5th Cir. 2015)   Cited 123 times
    Holding that a motion for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure is subject to the same standards applicable to motions to dismiss for failure to state a claim upon which relief may be granted under Fed. R. Civ. P. 12(b)

  11. Section 7323 - Political activity authorized; prohibitions

    5 U.S.C. § 7323   Cited 44 times
    Providing that a federal employee subject to the Hatch Act may not "knowingly solicit, accept, or receive a political contribution from any person"

  12. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 536 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review

  13. Section 932.10 - Agencies Permitted More Restrictive Rules

    N.Y. Comp. Codes R. & Regs. tit. 19 § 932.10

    Nothing contained in this Part shall prohibit any State Agency from adopting or implementing its own rules, regulations, or procedures with regard to outside activities that are more restrictive than the requirements of this Part. N.Y. Comp. Codes R. & Regs. Tit. 19 § 932.10 Adopted New York State Register July 22, 2015/Volume XXXVII, Issue 29, eff.7/22/2015