speech of a public institution's faculty member to be protected under the Pickering/Connickline of cases, what criteria must be satisfied? Do these criteria suitably balance the interests of faculty members and the institution in the higher education context?

There are really two key principles that must be satisfied. The first is that the court determines whether the speech in question hinges on a matter of public concern. If it does, the court takes further criteria into consideration such as:

Whether the statement impairs discipline in school or harmony amongst superiors or amongst cookers.

Whether the statement has a negative impact on close working relationships

Whether the speech interferes with the way the operator usually conducts his business,

Yes, these criteria take the interests of faculty members and school into consideration.

Specifically, what was the fatal flaw in the instructor's speech? Was it the profanity itself? Or was it the belittling...
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