Shimon Waronker v. Hempstead Union Free School District, et al.

Dr. Shimon Waronker was hired as the Superintendent of the Hempstead Unified Free School District to transform its schools and to remedy a history of academic problems, financial mismanagement, and corruption. As Superintendent, he discovered corruption which he reported to law enforcement officials as he was required to do by law. After he informed the Board of Education and the community of his actions, he was suspended and then fired. He lost his job for speech that was required by law, that was public, and that reported and exposed corruption. This case thus poses the important questions:

1. Whether the First Amendment protects the speech by a public official that is required by law and that reports and exposes corruption.

2. Whether speech by a public official reporting misconduct to external government officials, outside the chain of command, is protected by the First Amendment, as held by the Fifth, Ninth, and Tenth Circuits, or whether such speech is unprotected under Garcetti v. Ceballos as held by the Second Circuit in this case and by the Sixth and District of Columbia Circuits.