Should Schools Outweigh Sameer's Speech

B. If Sameer's Speech is a Matter of Public Concern, Then the City's Interests Outweigh Sameer's Speech Interests Because Sameer's Interests Resulted from Personal Dissatisfaction, and His Speech Was Disruptive and Inaccurate.

C: Because Sameer's post on Ms. Cruz's social media did not constitute speech of public concern, further analysis is not required. However, even if the court found his speech to be on a matter of public concern, the City's interest in efficiently operating and providing emergency and fire rescue services would outweigh Sameer's interest because his speech was the result of personal dissatisfaction and adversely affected the department's efficiency and effectiveness.

R: "So long as employees are speaking as citizens
In Pickering, because the teacher's speech did not affect the teacher's performance or duties or interfere with school operations, the court concluded that the interests of the school administration did not outweigh those of the teacher. Pickering, 391 U.S. at 572-73. In contrast, Sameer's comment with the image of the pink rubber duck on Ms. Cruz's InstaChat post negatively interfered with the fire department's operations. According to Captain Capucini, "It caused quite an uproar and affected the morale of the female firefighters and some of their male counterparts. In addition, copies of the picture began showing up at Hazel Cruz's current station." (R. 42-43). Captain Capucini states that Sameer's post was in violation of the Coral Gardens Bay social media policy, and "It suggests that Ms. Cruz is not qualified for the job and reflects poorly on the department." (R. 41). The social media policy Section B says, "Avoid using statements, photographs, video, or audio that reasonably could be viewed as malicious, obscene, threatening, or intimidating; that disparage customers, members, employees or suppliers." (R. 26). "Examples of such conduct might include offensive posts meant to intentionally harm someone's reputation." (R. 26).
Fisher, 464 F.2d at 1154. In Fisher, the court upheld the suspension as permissible because that the interests of the city outweighed the interests of the fireman because the speech was false and disruptive to the department's morale and operations. Id. at 1154. Sameer's comment of the photograph was disruptive and could reasonably be found to question Ms. Cruz's qualifications, which would lessen her effectiveness because she would not be taken as seriously. Questioning Ms. Cruz's qualifications is unfounded because she met all of the requirements to receive the promotion. Captain Capucini stated, "She scored the highest score on the written test. She is young, but she is a superstar. She is an elite triathlete and has grown up on the water." (R. 44). Sameer stated that he did not know whether or not she was qualified, and all he knew was that she failed the swim test the first time she took it. (R. 17). According to Captain Capucini, "that was a fluke. She had just come back from having the flu for a week." (R. 43). Sameer's picture caused unfounded concern that questions the qualifications of firefighters assigned to the fireboats and disrupts the department. Similar to the police officer's speech in Bryson, Sameer's speech may have been protected if "he confined his complaint to the proper time, place, and manner" rather than spreading his personal issue