FINKELSTEIN 2, GREEN 0

We have yet to consider whether and how a public employee’s political campaign to replace her supervisor impacts her
interest in criticizing that supervisor. Although we recognize that
an employee seeking public office has a strong interest in criticizing
the elected official currently holding that position, we believe the
employer’s interest in effective management outweighs the employee’s interest when the employee’s criticisms are likely to frustrate the employer’s mission. Because we conclude that Green’s
criticisms of Finkelstein fit this mold, we conclude that her termination cannot support a claim for retaliation in violation of the First
Amendment. We therefore affirm the judgment of the district
court

GREEN V. FINKELSTEIN (7/17/23)