In a ruling on Tuesday, May 30, 2006, the US Supreme Court did not comment about the rights academicians when they make comments about worldly matters while acting in an official capacity. "We hold that when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline," Kennedy wrote in the majority opinion, which was joined by Chief Justice John G. Roberts Jr. and Justices Samuel A. Alito Jr., Antonin Scalia, and Clarence Thomas.

As the Supreme Court prepared to hear the case, several friend of the court briefs were filed which expressed concern that undermining the protection of a public employee's work-related speech would undercut the federal courts' traditional favoritism for academic freedom. The ruling affirmed the actions of the Los Angeles County District Attorney's Office to demote and transfer the plaintiff for whistle-blowing on the district attorney's office.