February 3, 2011 -- Professor Eugene Volokh commented on a possible free speech violation in a discrimination suit filed by a former NASA employee. His comments appear in a San Jose Mercury News article.
But UCLA law professor Eugene Volokh says NASA v. Nelson would likely be irrelevant in such a case, unless it can be proven that Coppedge's firing was a government action.
"The real question is who is making the decision - that was clear in (NASA v. Nelson), but not so clear here. Just because a research center is federally funded is not enough to make it a government actor," Volokh said of JPL, which is managed by the California Institute of Technology for NASA.
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