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RANKIN v. McPHERSON

No. 85-2068.

483 U.S. 378 (1987)

107 S.Ct. 2891

97 L.Ed.2d 315

RANKIN ET AL. v. MCPHERSON

Supreme Court of United States.

Decided June 24, 1987

Attorney(s) appearing for the Case

Billy E. Lee argued the cause for petitioners. With him on the briefs was Mike Driscoll.

Glen D. Nager argued the cause pro hac vice for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Fried, Assistant Attorney General Willard, Deputy Solicitor General Lauber, and Leonard Schaitman.

Lloyd N. Cutler argued the cause for respondent. With him on the brief were William R. Richardson, Jr., Bruce V. Griffiths, Alvin J. Bronstein, and David B. Goldstein.*

Robert H. Chanin and Jeremiah A. Collins filed a brief for the National Education Association as amicus curiae urging affirmance.

JUSTICE MARSHALL delivered the opinion of the Court.

The issue in this case is whether a clerical employee in a county Constable's office was properly discharged for remarking, after hearing of an attempt on the life of the President, "If they go for him again, I hope they get him."

I

On January 12, 1981, respondent Ardith McPherson was appointed a deputy in the office of the Constable of Harris County,...

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