Gag clauses for CA state workers, public employees violate free speech rights

From today’s Sacramento Bee:

Employees at a California tax agency started to suspect something was up when a compliance officer emailed everyone a reminder not talk with the media one morning in March.

Later that day, CBS Sacramento aired a story on new “RIOT” buttons that had been installed in elevators in the California Department of Tax and Fee Administration building, alarming some employees. The story included interviews with a few workers outside the department’s building at 450 N Street, which has become notorious for maintenance problems.

“The general message of the policy is that when staff receives inquiries from reporters, they should refer them to their supervisor or manager as those inquiries are handled by CDTFA by what is now called our External Affairs Division,” said an email from Program and Compliance Bureau Chief James Dahlen.

Yet those types of blanket restrictions on government employees’ speech are unconstitutional, according to a recently published paper from the Florida-based Brechner Center for Freedom of Information.

“People don’t forfeit their constitutional rights, including the right of free expression, simply by accepting government employment,” the paper says, citing two Supreme Court decisions from 1967.

Such “gag” policies are nonetheless common, affecting public employees from local schools and police departments to state and federal agencies, according to the paper.

California state government is no exception. Many, while not all, state departments have policies instructing employees to refrain from talking to the media and to refer all questions to public information officers, even when the employees are experts on the topics they’re being asked about.

Read the complete article here.

SCOTUS conservatives set to strike down union fees on free-speech grounds

From today’s LA Times:

Paying union dues and baking a wedding cake may not seem like classic examples of free speech—except perhaps at the Supreme Court.

This year, the high court is poised to announce its most significant expansion of the 1st Amendment since the Citizens United decision in 2010, which struck down laws that limited campaign spending by corporations, unions and the very wealthy.

Now the “money is speech” doctrine is back and at the heart of a case to be heard this month that threatens the financial foundation of public employee unions in 22 “blue” states.

Like Citizens United, the union case is being closely watched for its potential to shift political power in states and across the nation.

The legal attack on the campaign funding laws was brought by conservative activists who hoped that the free flow of money from wealthy donors would boost Republican candidates. And since 2010, the GOP has achieved big gains in Congress and in state legislatures across the nation.

Conservatives also believe the attack on mandatory union fees has the potential to weaken the public sector unions that are strong supporters of the Democratic Party.

“This is a big deal,” Illinois’ Republican Gov. Bruce Rauner said in September on the day the Supreme Court said it would hear the lawsuit that he initiated. A court victory would be “transformative for the state of Illinois, transformative for America and the relationship between our taxpayers and the people who work for our taxpayers.”

Read the complete article here.