An attorney was employed by the United States Department of Health and Human Services in a regional office located in a tobacco-growing state. A labor contract between the agency and the clerical workers union contained a policy providing for termination of union employees only for certain specified grounds. The attorney, however, was not a member of the union and not covered by such a policy. The attorney was angered by the regional director's refusal to adopt a no-smoking policy for employees and visitors in the office. She posted a notice in the employee cafeteria ridiculing what she called the hypocrisy of an agency promoting health issues and nonsmoking programs while refusing to provide its employees with those same opportunities. The notice prompted a great deal of debate among the employees and was brought to the attention of the regional director, who was very displeased.
Which of the following statements is most accurate regarding the director's right to dismiss the attorney?
A The attorney has a liberty interest in the exercise of her First Amendment rights that entitles her to a hearing to contest the grounds of her dismissal.
B The attorney has a property interest as a public employee that precludes her from being fired without notice and an opportunity to respond.
C The attorney has no right to a hearing because her statements were not an expression of views on public issues.
D The attorney has both a liberty interest and a property interest that entitles her to a pre-termination evidentiary hearing.
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