Richard Hubbard, a Clayton County school employee serving as president of the Georgia Association of Educators, publicly criticized the Clayton County Board of Education during an accreditation crisis. The School District later ended the “on-loan” arrangement that had released Hubbard to work full time for the association; Hubbard resigned after being ordered back to a school and alleged that the District retaliated against him for his public statements. The district court granted summary judgment to the District, reasoning that Hubbard spoke pursuant to his official duties and therefore lacked First Amendment protection under the rule in Garcetti. The Eleventh Circuit held that Hubbard spoke in his capacity as president and spokesperson of the educators’ association, not pursuant to active School District duties. Although he technically retained his employment relationship for benefits and a possible return, the District had released him from its duties and the association paid his compensation. The Court held that the official-duty rationale could not support summary judgment, but did not decide the ultimate retaliation claim. It vacated the summary judgment and remanded for further proceedings.