Jesse Choper quoted in San Francisco Chronicle, November 30, 2012
“The fact that he is commenting on a matter that is public concern—the lawsuit—and not simply on his own, will tend to be something that favors protection under the First Amendment,” Choper said. “What he has to overcome is the fact that he is making a comment on employment conditions, which is a matter of internal office affairs,” Choper added. “That, by itself, cuts against his claim that he’s protected by the First Amendment.”