whether to decide the case on the basis of what the employer reasonably believed was said or what a jury found was said. Like Birch and Kravitch, she found that case supported Shahar's position, since she did not find Bowers' investigation reasonable. "Waters asserts Pickering's principles and reiterates the necessity for constitutionally enforced processes to protect the rights of government employees." Wright v. Illinois Dept. of Children & Family Services A few months after Waters was handed down, back in the Seventh Circuit, Judge Joel Martin Flaum made it part of a two-fold test with Connick in Wright v. Illinois Department of Children & Family Services, a complicated case in which a child-welfare worker accused her employer of retaliating against her after she complained it was covering up evidence of satanic ritual abuse she had found. He read it as making clear that "not every utterance by a public employee, even if entitled to First Amendment protection in another context, is constitutionally shielded from employer discipline." As a result, the case considered only the speech for which the plaintiff had been disciplined, and held that in one instance the defendants would prevail if they showed their belief that she had perjured herself in court testimony was reasonable even if the testimony later was found to be truthful. After an extensive analysis finding that truthful trial testimony was protected speech, which culminating in find a genuine factual dispute on the issue and thus overturning the summary judgement initially granted by the district court, Flaum echoed one of Scalia's criticisms in a footnote. "Waters provides little direct guidance as to the division of labor between judge and jury in a case like this one," he observed. "The critical question that, to this point, remains unanswered requires an assessment of the defendants' subjective motivation, a classic jury issue." Other appellate cases In 1999, the Second Circuit considered Lewis v. Cowen, a case in which the former director of the Connecticut Lottery claimed his dismissal for not speaking violated his First Amendment rights. The appellant was dismissed after refusing to prepare changes to the lottery he had privately expressed reservations about. Without any actual speech to apply the Pickering–Connick tests to, Judge John Walker held that behavior fell under Waters since it adversely affected the lottery's operations. "In such a case, the agency may terminate the employee because a more compliant subordinate who agrees