The Seventh Circuit noted that the record showed that the City had received a report that the officer used harsh and profane language when questioning the protesters' use of signs. The Seventh Circuit held that under Pickering test, none of the officer's statements were protected under First Amendment as they: (1) had potential to create problems in maintaining discipline in police force; (2) had potential for disruption within police force; (3) conflicted with officer's responsibility of fostering trust and respect with public; and (4) were unjustified in terms of manner in which they were uttered.
The Seventh Circuit also held, however, that the District Court erred in granting defendant's motion for summary judgment with respect to the officer's claim for administrative review of his termination, as the officer had never been given opportunity to brief that claim. Thus, the Seventh Circuit vacated that claim and remanded it for further proceedings.