The Pickering test can be quite daunting. The court has to balance a person's right of privacy against a company's right to succeed. How much do you think it matters the values of the presiding judge in one of these cases? What if the judge is a "corporate-friendly judge." Will she always side with the company? What if she is a "First Amendment" judge. Will she, then, choose to al-ways side with the employee? Why? Give an example.

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The values of the presiding judge can indeed play a significant role in Pickering tests or similar c... View the full answer