The court held that this test also applies when the employee invokes the Petition Clause.

The borough appealed on the ground that Guarnieri's lawsuit and grievance were not protected under the First Amendment as they did not address matters of public concern, a view affirmed by Courts outside the Third Circuit.

The Supreme Court granted certiorari in order to rule on the conflicting interpretations of the Petition Clause.

After making this showing, the Court had stated in Pickering v. Board of Education that the court must balance the employee's right to engage in speech against the government's interest in being efficient and effective in the public services it performs.

In this case, the Court outlined the close connection between the rights of speech and petition when making its ruling.

The Court wrote that "the substantial government interests that justify a cautious and restrained approach to protecting public employees' speech are just as relevant in Petition Clause cases".