A national free speech group is ready to sue Gov. Josh Shapiro (D-PA) for his restrictions on what government workers do and say in their free time.
The Foundation for Individual Rights and Expression has tried to warn the Keystone State’s Democratic governor about the legal problems with an executive order he issued. On Sept. 9, it announced a “statewide call for employees affected by the order to get in touch to challenge the order.”
The executive order, in place since May, prohibits state employees and other officials from “engag[ing] in scandalous or disgraceful conduct, or any other behavior, on or off duty, which may bring the service of the Commonwealth into disrepute.”
A subsequent email from Secretary of Administration Neil Weaver said this prohibition applies to speech as well.
“The need for moral clarity is especially pronounced today, as antisemitism, Islamophobia, and other forms of hate speech are increasing across not only in Pennsylvania, but nationally and globally,” Weaver wrote. “This behavior takes many forms, from social media posts, to boycotts, to graffiti, to public confrontations, to other actions motivated by hate.”
Weaver appeared to suggest these forms of speech could “incite violence,” contrasting them with the administration’s support for the First Amendment.
But the restrictions on what employees do “off duty” clearly threaten free speech, according to FIRE. “No elected official can slap a gag order like this on state workers,” Director of Public Advocacy Aaron Terr stated in a news release. “This is an abuse of power, and we’re looking forward to challenging this flagrant government overstep in court.”
The free speech group points out that the government can place some limits on what employees do while on the clock.
This makes sense — public sector workers are being paid by taxpayers to do a specific job. The public also deserves to be treated with respect. Furthermore, workplaces usually have rules to ensure a respectful and functioning environment.
However, the broad prohibition on “off duty” conduct, particularly given the statement connecting it to the contentious issue of Israel and the Palestinians, does raise serious concerns.
Furthermore, the broad ban on “disgraceful” and “scandalous” speech could implicate conservative Christian workers who disagree with Shapiro’s support for abortion and his stance on LGBT issues.
Pennsylvania would be right to punish state employees whose conduct calls into question their ability to do their job. For example, a state employee who is convicted of a DUI while off the clock should expect to lose his job driving a truck for the Transportation Department.
Speech that clearly indicates an animus and a willingness to violate the real civil rights of others should also draw scrutiny. It would be appropriate for the Pennsylvania Department of Motor Vehicles to fire an employee who privately posted on social media in his free time about how he would refuse to help a black or Asian citizen.
The state Department of Transportation acted appropriately when it fired an employee who criticized dangerous school bus drivers using graphic language. She wrote, “I don’t give a flying s*** about those babies and I will gladly smash into a school bus,” in a private Facebook page, and her firing was upheld by the state Supreme Court.
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But government employees should otherwise be free to share their opinions, attend rallies for candidates or causes, and live their lives with the same freedoms other private citizens do.
To interfere with their personal activities and political views would be disgraceful.
Matt Lamb is a contributor to the Washington Examiner’s Beltway Confidential blog. He is an associate editor for the College Fix and has previously worked for Students for Life of America and Turning Point USA.