Democrat Sued Over Free Speech Violation

A prominent national organization dedicated to protecting free speech is preparing to take legal action against Pennsylvania Governor Josh Shapiro (D-PA) over his executive order that restricts the personal conduct and speech of government employees.

The Foundation for Individual Rights and Expression (FIRE) has raised serious concerns about an executive order issued by Governor Shapiro, which took effect in May. This order prohibits state employees and officials from engaging in “scandalous or disgraceful conduct” both on and off duty if such behavior might tarnish the reputation of the Commonwealth.

In a recent call to action, FIRE urged affected employees to come forward to challenge this order, arguing that it infringes on their constitutional rights. The order has been interpreted to include limitations on personal speech, including social media activity, as detailed in a follow-up email from Secretary of Administration Neil Weaver. Weaver’s communication highlighted concerns over increasing hate speech and behavior that could incite violence, but this broad application raises red flags.

FIRE’s Director of Public Advocacy, Aaron Terr, criticized the order as an “abuse of power” and a blatant overreach by the government. According to FIRE, while there is a legitimate need for some restrictions on government employees during working hours to ensure professionalism, extending these constraints to their personal lives is problematic.

Public sector employees are indeed held to high standards while on duty, and some oversight is necessary to ensure that they perform their roles effectively. For instance, it’s reasonable for a state worker convicted of a DUI to face consequences related to their job. Similarly, employees who express overtly discriminatory views could be subject to scrutiny.

However, the broad and vague nature of Shapiro’s order, particularly with its potential to affect employees’ personal and political expressions, is concerning. Conservative employees, in particular, might find themselves at odds with the administration’s policies on contentious issues like abortion and LGBT rights, raising fears that they could be unfairly targeted.

While the state has a role in ensuring employees act appropriately, especially in their official capacities, imposing sweeping restrictions on off-duty conduct infringes on fundamental freedoms. Government employees should be able to express their opinions, participate in political activities, and live their personal lives without undue interference.

The current situation underscores the importance of balancing effective governance with the protection of individual rights. The upcoming legal challenge from FIRE represents a crucial test of this balance and a defense of the free speech rights of all citizens, including those in public service.