TBA Law Blog


Posted by: Azya Thornton on Mar 27, 2026

Student attorneys Alexander J. McGrail and John R. Neal Jr., working with the Stanton Foundation First Amendment Clinic, have filed an amicus brief with the U.S. Court of Appeals for the 1st Circuit in Hussey v. City of Cambridge, urging the court to strengthen First Amendment protections for public employees, according to a press release from Vanderbilt Law School. The case involves a police officer disciplined over social media comments made in a private capacity on matters of public concern. The brief argues that applying the Pickering balancing test to controversial or unpopular speech should not allow government employers to suppress such expression, warning it could effectively create a “heckler’s veto.” It also contends that employers should be required to provide evidence that employee speech would cause workplace disruption. Joined by several legal scholars and advocacy organizations, the filing asks the full 1st Circuit to reconsider prior rulings in the case, with a decision expected next year.