Clerk is a clerical worker who has been employed for the past two years in a permanent position in the Wasmania County Public Records Office in the state of Orange. Clerk has been responsible for copying and filing records of real estate transactions in that office. Clerk works in a nonpublic part of the office and has no contact with members of the public. However, state law provides that all real estate records in that office are to be made available for public inspection. On the day an attempted assassination of the governor of Orange was reported on the radio, Clerk remarked to a coworker, "Our governor is such an evil man, I am sorry they did not get him." Clerk's coworker reported this remark to Clerk's employer, the county recorder. After Clerk admitted making the remark, the county recorder dismissed him stating that "there is no room in this office for a person who hates the governor so much." Clerk sued for reinstatement and back pay. His only claim is that the dismissal violated his constitutional rights. In this case, the court should hold that the county recorder's dismissal of Clerk was 
unconstitutional, because it constitutes a taking without just compensation of Clerk's property interest in his permanent position with the county.  unconstitutional, because in light of Clerk's particular employment duties his right to express himself on a matter of public concern outweighed any legitimate interest the state might have had in discharging him.  constitutional, because the compelling interest of the state in having loyal and supportive employees outweighs the interest of any state employee in his or her job or in free speech on a matter of public concern.  nonjusticiable, because public employment is a privilege rather than a right and, therefore, Clerk lacked standing to bring this suit. 
Question: Clerk is a clerical worker who has been employed for the past two years in a permanent position in the Wasmania County Public Records Office in the state of Orange. Clerk has been responsible for copying and filing records of real estate transactions in that office. Clerk works in a nonpublic part of the office and has no contact with members of the public. However, state law provides that all real estate records in that office are to be made available for public inspection. On the day an attempted assassination of the governor of Orange was reported on the radio, Clerk remarked to a coworker, "Our governor is such an evil man, I am sorry they did not get him." Clerk's coworker reported this remark to Clerk's employer, the county recorder. After Clerk admitted making the remark, the county recorder dismissed him stating that "there is no room in this office for a person who hates the governor so much." Clerk sued for reinstatement and back pay. His only claim is that the dismissal violated his constitutional rights. In this case, the court should hold that the county recorder's dismissal of Clerk was 
A. unconstitutional, because it constitutes a taking without just compensation of Clerk's property interest in his permanent position with the county. 
B. unconstitutional, because in light of Clerk's particular employment duties his right to express himself on a matter of public concern outweighed any legitimate interest the state might have had in discharging him. 
C. constitutional, because the compelling interest of the state in having loyal and supportive employees outweighs the interest of any state employee in his or her job or in free speech on a matter of public concern. 
D. nonjusticiable, because public employment is a privilege rather than a right and, therefore, Clerk lacked standing to bring this suit. 
Answer: