ND Bar Practice Questions - North Dakota Bar Examination Exam

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A government employer fires a public employee for comments she made at a city council meeting criticizing how her department spends public funds. She sues under the First Amendment. Under Pickering/Garcetti, the threshold question determining whether her speech is protected is:

Whether the employer can show any business justification for the firing Whether the speech was made pursuant to her official job duties or as a citizen on a matter of public concern Whether the employee is a probationary or tenured worker Whether the speech was made during working hours

Correct Answer:

Whether the speech was made pursuant to her official job duties or as a citizen on a matter of public concern

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