context: We agree with the Seventh Circuit that, "[although an employee's status as a policymaker bears considerable attention when weighing the interests of the government, the policymaking employee exception does not apply and courts must apply Pickering balancing when the speech at issue does not implicate the employee's politics or substantive policy viewpoints."
citation_a.signal: but see
citation_a.identifier: 125 F.3d 1328, 1334
citation_a.parenthetical: "Because we hold that [plaintiffs] position ... was a policymaking one, we do not address [plaintiffs] claim that under the Pickering balancing test his interest in free speech outweighs the [employer's] interest in running an efficient office."
citation_a.sentence: Bonds v. Milwaukee County, 207 F.3d 969, 979 (7th Cir.2000); see also Lewis v. Cowen, 165 F.3d 154, 162 (2d Cir.) (“Although it is true that, consistent with the First Amendment, a policymaking employee may be discharged on the basis of political affiliation such as membership (or lack of membership) in a particular political party, that same employee may not be discharged on the basis of specific speech on matters of public concern unless the Pickering balancing test favors the government employer.”), cert. denied, — U.S. —, 120 S.Ct. 70, 145 L.Ed.2d 60 (1999); but see, Fazio v. City & County of San Francisco, 125 F.3d 1328, 1334 (9th Cir.1997) (“Because we hold that [plaintiffs] position ... was a policymaking one, we do not address [plaintiffs] claim that under the Pickering balancing test his interest in free speech outweighs the [employer’s] interest in running an efficient office.”).
citation_b.signal: see also
citation_b.parenthetical: "Although it is true that, consistent with the First Amendment, a policymaking employee may be discharged on the basis of political affiliation such as membership (or lack of membership
citation_b.sentence: Bonds v. Milwaukee County, 207 F.3d 969, 979 (7th Cir.2000); see also Lewis v. Cowen, 165 F.3d 154, 162 (2d Cir.) (“Although it is true that, consistent with the First Amendment, a policymaking employee may be discharged on the basis of political affiliation such as membership (or lack of membership) in a particular political party, that same employee may not be discharged on the basis of specific speech on matters of public concern unless the Pickering balancing test favors the government employer.”), cert. denied, — U.S. —, 120 S.Ct. 70, 145 L.Ed.2d 60 (1999); but see, Fazio v. City & County of San Francisco, 125 F.3d 1328, 1334 (9th Cir.1997) (“Because we hold that [plaintiffs] position ... was a policymaking one, we do not address [plaintiffs] claim that under the Pickering balancing test his interest in free speech outweighs the [employer’s] interest in running an efficient office.”).