2004 Term Per Curiam Opinions of The Supreme Court of The United States - San Diego V. Roe

Decided December 6, 2004

Ninth Circuit Court of Appeals reversed and remanded

The Court of Appeals ruled that a police officer's First Amendment rights were violated when he was fired for selling online a sexually explicit video of himself in a generic police uniform. The court found that his conduct fell under the protected speech category of commentary on matters of public concern, because it did not relate to an internal workplace grievance, took place while he was off-duty and away from his employer's premises, and was unrelated to his employment.

The Supreme Court reversed, ruling that the video implicated legitimate concerns of the city police department. Though his specific department was not identified, the officer still deliberately linked the video to his profession, bringing the department into disrepute. The video's expression did not qualify as a matter of public concern under any view of the test, or based on any Court precedent.