disciplinable การใช้

• Scalia argued that the plurality had not created new procedural protections for the First Amendment, " but rather new First Amendment rights " . " Pickering " had held that public employees must be free to speak on issues of public concern without fear of retaliation, and he considered that the important factor . " A category of employee speech is certainly not being'retaliated against'if it is no more and no less subject to being mistaken for a disciplinable infraction than is any other category of speech or conduct . " He found the procedural test " doubly irrelevant " since not only had the plurality found the hospital to have satisfied it, they then remanded the case so the district court could conduct a trial on whether the speech was a pretext for a retaliatory firing.