Mayhew v. Town of Smyrna: The Sixth Circuit Frustrates Public Employees’ Right to a Jury Trial

On May 11, 2017, the U.S. Court of Appeals for the Sixth Circuit, in Mayhew v. Town of Smyrna, held that the protected status of a public em-ployee’s speech in a First Amendment retaliation claim remains one of law, ra-ther than one of mixed law and fact. In so doing, the Sixth Circuit disallowed jury determinations on the fact-intensive inquiry into the protected status of the employee’s speech. This Comment argues that despite having the invalua-ble opportunity—as a historically conservative court—to defend the voices of public employees, the Sixth Circuit continued its obliteration of public em-ployees’ right to a jury trial. This Comment further argues that the Sixth Cir-cuit’s decision could leave much of public sector misconduct unreported.