Pennsylvania state law denies public employees freedom of speech – 24 hours a day

• From teachers to toll booth operators, librarians to plumbers, Pennsylvania's restrictions are simply unconstitutional and must be repealed.
• Pennsylvania workers deserve better than pearl-studded government bureaucrats deciding whether workers' expression on their own time is “scandalous” enough to warrant punishment.
• The restriction even appears to apply to teachers at Pennsylvania's public colleges and universities
• The free speech group FIRE is calling on all workers nationwide affected by the order to contact them to challenge the order.

HARRISBURG, Pa. September 9, 2024 — A comprehensive Implementing Regulation Governor Josh Shapiro's order banning public employees from speaking even after hours is a challenge to the rights of Pennsylvanians. The order prohibits public employees from saying anything deemed “scandalous” or “disgraceful” – an incredibly vague restriction that effectively bans much of the freedom of speech protected by the First Amendment.

Today, the Foundation for Individual Rights and Expression publicly condemns this unconstitutional decree and announces a nationwide call to take action against the plaintiff.

“Free speech is the cornerstone of our democracy and today it is under threat in the Keystone State from Governor Shapiro,” said Aaron Terr, FIRE's director of public advocacy. “No elected official can impose such a duty of silence on public employees. This is an abuse of power and we look forward to challenging this blatant government overreach in court.”

FIRE educated the constitutional concerns to the Governor's office in August in a good faith attempt to restore Pennsylvania residents' First Amendment rights without having to file a lawsuit. The Governor's office declined to respond to FIRE's letter, leading to a track and public appeal.

Beginning of May quietly inserted to include vague language in his government's code of conduct prohibiting “scandalous or disgraceful conduct or any other conduct on or off duty that is likely to damage the reputation of the Commonwealth.” The revision affects not only conduct but also speech – a departure from an existing management policy that used the same language but did not clearly include expression of opinion.

This is not a close call. Pennsylvania's sweeping restrictions on state employees are unconstitutional.

The greater scope of the revision is clearly demonstrated by introductionin which both behaviors are mentioned And Speech. A speech from May 8 e-mail A government official also warned in his statement on the revision that the need for moral clarity is especially acute today as anti-Semitism, Islamophobia and other forms of hate speech are on the rise not only in Pennsylvania but across the country and around the world.

The policy changes appear to be a response to controversial statements and protests related to the war between Israel and Hamas. It is therefore easy to imagine the state punishing an employee for “scandalous” or “disgraceful” behavior for supporting a boycott of Israel or attending a pro-Palestinian rally, as both actions could offend those who hold different views on this polarizing issue. At the same time, others might view an employee’s statement during off-hours of work expressing support for Israel’s military operation in Gaza as “scandalous” or “disgraceful.” (FIRE defends people on both Pages this issue and all issues. If it is protected by the First Amendment, FIRE will defend it.)

“The government strategically sets up all the chess pieces to punish ordinary Americans for nothing more than saying something the government doesn't like,” Terr said. “Our job is to knock those pieces off the board before someone gets fired for speaking their mind.”

Broad and subjective terms like “scandalous” and “shameful” cover a wide range of speech protected by the First Amendment to the Constitution. FIRE stated in his letter of 5 August that while the government exerts considerable influence over the free speech rights of its employees when they speak in the course of their job duties, government employees still have the full right to speak out as citizens on important issues under the First Amendment to the Constitution.

The U.S. Court of Appeals for the Third Circuit – whose rulings are binding on the state – had previously blocked a Pennsylvania government agency from enforcing a ban on employees wearing political masks. The appeals court concluded that the agency's “fear that 'Black Lives Matter' and other controversial masks could cause disruption to its service” was “purely speculative” and that “a wide range of political and social expression is not disruptive.”

This is not a close call. Pennsylvania's sweeping restrictions on state employees are unconstitutional. If the ordinance is not changed immediately, FIRE will challenge it in court to defend public employees’ critical First Amendment rights. All public employees in Pennsylvania who fear being punished for speaking out should Contact FIRE.

The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and preserving the individual rights of all Americans to free speech and free thought—the most fundamental qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, fosters a culture of respect for these rights, and provides the means to preserve them.

CONTACT:

Daniel BurnettSenior Communications Director, FIRE: 215-717-3473; [email protected]

Governor Josh Shapiro’s press office: 717-783-1116; [email protected]

James Madison, Main author of the First Amendment: phone number not available