Judge says Education Dept partisan out-of-office emails violated First Amendment
Enforceability and Practical Impact of Rulings
- Some argue judgments are “ignored with zero consequences,” eroding rule of law; others respond that the executive branch still usually complies with final court orders.
- There’s concern SCOTUS fears open defiance by a president, which might explain cautious or “ridiculous” rulings seen as preserving the Court’s relevance.
- Several comments connect this to Trump-era decisions on presidential immunity and “official acts,” debating whether earlier prosecution would have prevented current problems.
Compelled Speech vs Restricted Speech
- Multiple commenters stress the distinction between:
- Restricting what employees may say on the job (common and often lawful), and
- Compelling them to say something political they do not agree with.
- The out-of-office messages are viewed as the latter: partisan statements being sent in employees’ names without consent, framed as classic compelled speech under the First Amendment.
Rights and Role of Government Employees
- One side: government employees are there to execute the will of elected leaders and don’t “own” work communication channels; they can be required to toe the agency line.
- Other side: civil servants serve the Constitution and the public, not a party; they are legally required to be nonpartisan and cannot be turned into partisan billboards.
- The Hatch Act is repeatedly cited as evidence that overt partisan behavior in official roles is prohibited.
Free Speech, ACLU, and Paradox of Tolerance
- Broader debate breaks out over free speech:
- Some lament that free speech is “out of vogue” and that groups like the ACLU now selectively defend speech aligned with their politics.
- Others invoke the “Paradox of Tolerance” to justify limiting hate speech, arguing unbounded tolerance erodes the freedoms of targeted groups.
- There is disagreement over Europe’s more restrictive speech laws: some call them oppressive; others say they are democratically chosen responses to historical atrocities.
Private Platforms, Moderation, and Government Pressure
- Several comments distinguish First Amendment limits on government from private moderation rights (blocking, rate-limiting, labeling someone a troll as speech and association).
- Others argue it becomes a First Amendment problem when platforms act under government pressure or coordination.
Defamation Angle
- A side thread asks whether attributing partisan messages to named employees could be defamation; consensus is “maybe,” if individuals are harmed and seen as personally endorsing prohibited partisan activity, but this is secondary to the First Amendment issue.