The UC-Irvine case was appealed to the Ninth Circuit which – while not ruling on the validity of the allegation – upheld the lower court solely on the issue of whether the administrators (including a dept. chair) could be sued. The lower court said the administrators had no such liability. It appears that the larger issue – freedom to criticize without retaliation – is still undecided. (No court has ruled on the validity of the allegation of retaliation; the decisions have gone only to the liability issue and the speech issue - with the latter still ambiguous.)
The Inside Higher Ed article, which has links to both the UC-Irvine and Garcetti cases, is at http://www.insidehighered.com/news/2010/11/15/hong
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