Wasson v. Sonoma County Junior College (February 16, 2000)

* Court: Ninth Circuit

* Jurisdiction: Sonoma County Junior College District

* Plaintiff’s Job Class: Professor

* Trial Court: Against employee

* Ninth Circuit Court: Against employee

* Issues: Free speech, First Amendment

Wasson Facts

* Wasson was a professor at the junior college.

* In 1995, anonymous letters criticizing the district were circulated; the district initiated an investigation.

* A handwriting expert implicated Wasson as the author of the letters; she denied any involvement.

* The district in 1997 fired Wasson but shortly thereafter reinstated her. She suffered no loss in pay.

* Wasson sued on the basis that the district had violated her free speech rights.

* The federal district court dismissed her claim.

* The Ninth Circuit upheld the district court.

Wasson Analysis

* The Ninth Circuit briefly summarized existing case law in this area, i.e., public employee speech is protected on matters of public concern.

* The court noted that here Wasson denied making any statements.

* The court referred to the decisions of three other circuits holding that a First Amendment claim cannot be brought where there had not been any speech

* Wasson claimed that she was defending the free speech rights of the anonymous writer, but the court ruled that, since she laced any relationship with the writer, she lacked standing to raise this argument.

Wasson Conclusion

This is somewhat of a surprising case, since the district’s actions against Wasson, limited though they were, arguably would have a chilling effect against prospective writers. But, in terms of LDF participants, this case shows that, if a participant wants to sue his or her employer under the First Amendment, the participant had best say something and then own up to having said it.