Government,
Constitutional Law,
9th U.S. Circuit Court of Appeals
Jul. 10, 2025
9th Circuit: Private racist texts don't pass 'public concern' test
The case raised questions about whether a public employee in the former chief's situation could justifiably mount a constitutional challenge to an adverse job action.




After a police chief in a small Northern California town was forced to resign when long-ago text messages with racist content came to light, she sued, claiming officials conspired to retaliate against her and violated her First Amendment rights.
The former chief's claim failed when a 9th U.S. Circuit Court of Appeals panel ruled 2-1 against her last fall, despite a lengthy dissent and protests from free speech advocates filing as friends of the court. On Wednesday, the court a...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In