On May 11, 2017, the U.S. Court of Appeals for the Sixth Circuit, in Mayhew v. Town of Smyrna, held that the protected status of a public employee’s speech in a First Amendment retaliation claim remains one of law, rather than one of mixed law and fact. In so doing, the Sixth Circuit disallowed jury determinations on the fact-intensive inquiry into the protected status of the employee’s speech. This Comment argues that despite having the invaluable opportunity—as a historically conservative court—to defend the voices of public employees, the Sixth Circuit continued its obliteration of public employees’ right to a jury trial. This Comment further argues that the Sixth Circuit’s decision could leave much of private sector misconduct unreported.
Margaux Joselow, Mayhew v. Town of Smyrna: The Sixth Circuit Frustrates Public Employees' Right to a Jury Trial, 59 B.C.L. Rev. E. Supp. 83 (2018), http://lawdigitalcommons.bc.edu/bclr/vol59/iss9/5