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Borough of Duryea v. Guarnieri, 564 U.S. 379 (2011), was a case in which the Supreme Court of the United States held the public concern test limits Petition Clause claims by public employees. More specifically, state and local government employees may not sue their employers for retaliation under the Petition Clause of the First Amendment when they petition the government on matters of private concern. To show that an employer interfered with rights under the Free Speech Clause of the First Amendment, an employee must show that his speech related to a matter of public concern. The court held that this test also applies when the employee invokes the Petition Clause. The case is significant under the Petition Clause because 1.) it recognized that lawsuits are “Petitions” under the First Amendment and 2.) it explains that the Petition Clause and Speech Clause are not always coextensive, and leaves open the possibility that there may be additional claims under the Petition Clause which plaintiffs may invoke consistent with the purpose of that Clause.
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