When may a government employee be punished for speaking on a matter of public concern?

QUESTION PRESENTED When a government employee speaks on a matter of public concern, may the government punish that employee (1) if the employee’s interest in freedom of speech is outweighed by possible adverse effect of the speech on the employer, regardless of whether the government’s purpose is to retaliate against the speaker because of the content of his or her speech, the rule in the Third and Eighth Circuits, or (2) only if both the employee’s interest in freedom of speech is outweighed by the possible adverse effect of the speech on the employer and the government’s purpose is to address that adverse effect, rather than to retaliate against the employee because of the content of the speech, the rule in the First, Second, Seventh, Ninth and Tenth Circuits? i PARTIES The petitioner is Randy Henry. The respondents are J. Bret Johnson, Corey Schoeneberg, Stacey Mosher, Ronald K. Replogle, Luke Vislay, Sarah Eberhard, Gregory D. Kindle, Sandra K. Karsten, Gregory K. Smith, Malik A. Henderson, and Kemp A. Shoun. il