In the 1982 case Connick v. Myers, Sheila Myers, an Assistant District Attorney in New Orleans, was fired by her superior Harry Connick Sr., for distributing a questionnaire to her colleagues concerning office transfer policy, morale and confidence in supervisors. She sued on First Amendment grounds arguing that her termination violated her right to free speech. The Supreme Court ruled 5-4 against Myers stating that while public employees do not surrender their First Amendment rights, those rights must be balanced against the state's interest as an employer in promoting efficiency of public services it performs through its employees. In this case, the court found that most of Myer’s survey questions were matters of personal rather than public concern and therefore did not qualify for full constitutional protection.

In the dissenting opinion for Connick v. Myers, Justice William Brennan disagreed with the majority's view that Sheila Myers' questionnaire did not constitute protected speech under the First Amendment. He argued that public employees should not be required to relinquish their constitutional rights as a condition of employment and emphasized that free and open debate is vital in a democratic society, even within a government office. Brennan also criticized the majority's reliance on Pickering v. Board of Education (1968), arguing it was misapplied because Myers' survey related to matters of public concern rather than personal grievances. Furthermore, he contended there was no evidence her actions disrupted office operations or relationships - key factors in determining if an employee’s speech is constitutionally protected according to Pickering test standards.