The following excerpt is from Piscottano v. Murphy, 511 F.3d 247 (2nd Cir. 2007):
Pickering, 391 U.S. at 568, 88 S.Ct. 1731. See also Garcetti v. Ceballos, 547 U.S. 410, 126 S.Ct. 1951, 164 L.Ed.2d 689 (2006) (statements made by a public employee pursuant to his official duties, rather than as a citizen, are not protected by the First Amendment).
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