In the case of Dougherty County, Georgia, Board of Education et al. v. White in 1978, the U.S Supreme Court ruled that a public school teacher's First Amendment rights were not violated when she was transferred to another school for publicly criticizing her superiors' policies. The court held that while public employees do not surrender their constitutional rights at work, these rights must be balanced against the state's interest in promoting efficiency and integrity in its services. In this particular case, it was determined that Ms. White’s criticisms disrupted close working relationships necessary for fulfilling her responsibilities as a teacher and thus justified her transfer by the board of education.

In the dissenting opinion for Dougherty County, Georgia, Board of Education et al. v. White (1978), Justice Rehnquist disagreed with the majority's interpretation of Title VII and its application to this case. He argued that there was no clear evidence that Ms. White was discriminated against based on her sex or race by being transferred from a bus driver position to a classroom aide role after she had been elected president of the local union chapter - an action which he believed fell within the school board’s discretion in managing their employees' assignments according to their needs and qualifications. Furthermore, he contended that it is not appropriate for courts to interfere with employers’ decisions unless there is concrete proof of discrimination under Title VII standards – something he did not see in this case.