Whether a public employee's First Amendment retaliation claim under 42 U.S.C. § 1983 requires proof of subjective intent and distinct 'other conduct' beyond protected speech

1 . In a c laim un d e r 42 U .S. C . § 1 983 in w hi c h a public employee alleges First Amendment retaliation, does the government successfully Court in Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274 (1977) – i.e., that the government employer would have taken the same action anyway for reasons other than the employee’s speech – by construing aspects of the speech itself as objectionable behavior for Mt. Healthy purposes? 2. In a claim under 42 U.S.C. § 1983 in which a public employee alleges First Amendment retaliation, is th e p lain tiff re q uired to c o m e f o rward wi th evidence tending to prove that the government employer acted with the subjective intent to deprive the plaintiff of his First Amendment rights? It is respectfully submitted that the above questions must be answered in the negative.