San Diego v. Roe - Case Briefing #4.docx - Running Head:...

Running Head: SAN DIEGO v. ROE 1
Erika Vanlandingham
Ivy Tech Community Schools
Prof. Jeffrey L. Cox
April 7, 2021

SAN DIEGO v. ROE 2
San Diego v. Roe, 543 U.S. 77 (2004)
Judicial History
Roe brought suit in District Court claiming the termination violated his First Amend ment right to
free speech. District court granted summary judgment in favor of the City of San Diego. The
Court of Appeals reversed. The Supreme Court granted a writ of certiorari.
Facts
Respondent, John Roe, a San Diego police officer, made a sexually explicit video and sold it on
the adults-only section of eBay. He also sold an official SDPD police uniform and various other
materials. Roe’s activity was discovered by his supervisor, a police sergeant, who reported it to
police authorities. An investigation by SDPD’s internal affairs department concluded with a
report that Roe’s conduct violated department policies including conduct unbecoming an officer,
outside employment, and immoral conduct. Roe was ordered to stop the sales. Roe failed to
follow this order and Roe was dismissed from the police force.