Also known as:grievances · grieve · grieves · grieved · grieving · labor complaint · union complaint
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional guarantee protecting citizens' ability to seek redress from the government for perceived wrongs. The guarantee forms part of the First Amendment and bars laws that abridge the right to petition. Courts apply the guarantee when evaluating claims that government action retaliates against or burdens such petitions.
Sources & Authorities
How it applies
Common Examples
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Citizen Petition to Congress
Georgia Gibbs circulates a petition urging Congress to investigate federal land-use policies that she believes harm her community. When federal agents threaten to prosecute her for the petition drive, she sues. The court holds that the First Amendment protects her right to petition and bars the threatened prosecution.
Generalized Standing Challenge
Gabriel Gonzalez sues the Environmental Protection Agency claiming that lax enforcement of pollution rules violates federal law. He alleges only that the agency fails to follow the statute and that all citizens suffer equally from the violation. The court dismisses the suit because the asserted injury constitutes a generalized grievance insufficient for Article III standing.
Select any source to read its text and confirm it supports the definition.
Cases
Restatements
Dictionaries
Internal Office Petition
Gloria Green, an assistant district attorney, circulates a petition among colleagues protesting a proposed transfer policy. Her supervisor fires her for the petition. The court upholds the termination because the petition addressed only internal personnel matters rather than a public concern and therefore receives minimal First Amendment protection.
Zoning Petition and Standing
Glenn Gross, a prospective resident, joins a challenge to a village zoning decision that blocks construction of affordable housing near his workplace. The court finds that his injury is particularized because success in the suit would create a substantial probability that the housing project will proceed, satisfying standing requirements.
Arlington Heights, Village of v. Metropolitan Housing Development Corp.429 U.S. 252, 97 S.Ct. 555, 50 L.Ed.2d 450 (1977), on remand 558 F.2d 1283 (7th Cir.1977)
Defamatory Statements in Petition
Giselle Guerrero submits a petition to a government agency containing statements about a public official that later prove false. The official sues for defamation. The court applies the actual-malice standard because the statements were made in a petition to the government and therefore receive First Amendment protection unless actual malice is shown.
New York Times v. Sullivan376 U.S. 254 (1964)
Jury-Trial Grievance Context
Gordon Gray, a shareholder, sues a corporation alleging securities violations. The corporation moves to strike his jury demand. The court notes that the historical right to jury trial traces in part to colonial grievances over denial of jury trials and therefore preserves the right in the present action.
Parklane Hosiery Co. v. Shore439 U.S. 322, 334 (1979)
Common questions
Frequently Asked
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Does the First Amendment protect petitions that address only internal employment disputes?+
No. A public employee's petition that concerns only internal office matters such as personnel disputes receives minimal First Amendment protection. Courts give substantial deference to an employer's assessment of workplace disruption when the petition does not address a matter of public concern.
Supporting sources
Can Congress create standing for plaintiffs who assert only generalized grievances?+
No. Generalized grievances shared equally by all citizens do not satisfy Article III standing even when Congress authorizes citizen suits. Plaintiffs must still show a concrete and particularized injury.
Supporting sources
What standard applies when a petition to the government contains allegedly defamatory statements about a public official?+
The actual-malice standard from New York Times v. Sullivan applies. A person who makes defamatory statements in a petition may be held liable only if the statements were made with actual malice.
Supporting sources
376 U.S. 254 (1964)Remedies
…advertisement in the sense in which the word was used in Chrestensen. It communicated information, expressed opinion, recited grievances, protested claimed abuses, and sought financial support on behalf of a movement whose existence and objectives are matters of the highest public interest and concern. See N. A. A. C. P. v.…