A win in Guffey v. Duff

Friend –

In 2018, Lisa Guffey's employer – the federal judiciary – told her she could not attend a rally for Maryland Gubernatorial candidate Ben Jealous in her free time. Last week, a Federal Appeals Court ruled that this prohibition violated Guffey's First Amendment right to free speech.

A federal appeals court held unconstitutional restrictions prohibiting approximately 1,100 administrative employees of the federal judiciary from engaging in a range of core political speech and activity outside of work. These restrictions included publicly expressing views on candidates for office, attending political events, joining a political party, and more.

The ruling came in a lawsuit filed by the ACLU of the District of Columbia on behalf of two employees of the Administrative Office of the U.S. Courts (AO), which provides support services to the judicial branch.

"This is a big victory for the First Amendment and for government employees,"" said Scott Michelman, Legal Director of the ACLU-D.C. and lead counsel in the case. "The government tried to ban ordinary employees from political activities that are central to our democracy, like publicly expressing views on candidates for office. That's exactly the type of overreach the First Amendment exists to correct."

The case began in 2018, after the AO implemented a new code of conduct prohibiting all of its employees, even when off-duty, from engaging in certain political activities. The ACLU-D.C. sued, and after an appeal, the U.S. Court of Appeals for the D.C. Circuit held that these restrictions were unconstitutional. As the appeals court explained, "the government cannot condition public employment on the complete surrender of a citizen's First Amendment rights."

"I am glad that the court has upheld my first amendment rights," said Lisa Guffey, the lead plaintiff in today's case. "I am extremely grateful to ACLU-D.C. for taking on my first amendment challenge and for representing me with extreme competence, confidence, and care. I would not have been able to file this important lawsuit without the ACLU. Many thanks to the staff and supporters."

You can read more about the case on our website <[link removed]>.

In victory and vigilance,

ACLU of the District of Columbia


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