Pickering Balancing Test

If the government employee speech is protected (does relate to a matter of public concern and is not engaged in as part of the teacher's official duties), a court will balance the teacher’s interest in expression against the school's interest in the effective and efficient operation of the government workplace to determine if engaging in an adverse employment action against the employee as a result of the speech violates the First Amendment. This analysis weighs the value of the teacher's speech against the adverse impact of the speech on the government workplace including the teacher’s relationship with immediate supervisors and co-workers. In discussing the balancing test, derived from Pickering v. Board of Education, 391 U.S. 563 (1968), the Supreme Court has said, "the state interest element of the test focuses on the effective functioning of the public employer's enterprise. Interference with work, personnel relationships, or the speaker's job performance can detract from the public employer's function; avoiding such interference can be a strong state interest."