Waters v. Churchill, 511 U.S. 661, 13 (1994)

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Cite as: 511 U. S. 661 (1994)

Opinion of O'Connor, J.

Government employee speech must be treated differently with regard to procedural requirements as well. For example, speech restrictions must generally precisely define the speech they target. Baggett v. Bullitt, 377 U. S. 360, 367- 368 (1964); Hustler Magazine, Inc. v. Falwell, 485 U. S. 46, 55 (1988). Yet surely a public employer may, consistently with the First Amendment, prohibit its employees from being "rude to customers," a standard almost certainly too vague when applied to the public at large. Cf. Arnett v. Kennedy, 416 U. S. 134, 158-162 (1974) (plurality opinion) (upholding a regulation that allowed discharges for speech that hindered the "efficiency of the service"); id., at 164 (Powell, J., concurring in part and concurring in result in part) (agreeing on this point).

Likewise, we have consistently given greater deference to government predictions of harm used to justify restriction of employee speech than to predictions of harm used to justify restrictions on the speech of the public at large. Few of the examples we have discussed involve tangible, present interference with the agency's operation. The danger in them is mostly speculative. One could make a respectable argument that political activity by government employees is generally not harmful, see Public Workers v. Mitchell, supra, at 99; or that high officials should allow more public dissent by their subordinates, see Connick, supra, at 168-169 (Brennan, J., dissenting); Whistleblower Protection Act of 1989, 103 Stat. 16, or that even in a government workplace the free market of ideas is superior to a command economy. But we have given substantial weight to government employers' reasonable predictions of disruption, even when the speech involved is on a matter of public concern, and even though when the government is acting as sovereign our review of legislative predictions of harm is considerably less deferential. Compare, e. g., Connick, supra, at 151-152; Letter Carriers, supra, at 566-567, with Sable Communications of Cal., Inc. v. FCC, 492 U. S. 115, 129 (1989); Texas v. Johnson,

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