Claim That Public School Employee Was Unconstitutionally Fired for Sharp Pro-COVID-Vaccine Post Can Go Forward

From Webb v. Aspen View Academy, decided Thursday by Magistrate Judge Scott Varholak (D. Colo.); the plaintiff was the Business Manager of a public charter school, and alleges she was fired in part based on a Facebook post (though there's a lot more there as well, discussed in the long opinion). Note that, the government may generally discipline (including by firing) an employee based on the employee's speech if

1. the speech is said by the employee as part of the employee's job duties, Garcetti v. Ceballos (2006), or
2. the speech is on a matter of purely private concern, Connick v. Myers (1983), or
3. the damage caused by the speech to the efficiency of the government agency's operation outweighs the value of the speech to the employee and the public, Pickering v. Board of Ed. (1968).

Here's the court's analysis of items 2 and 3: