Shapiro’s policies prompt lawsuit threat from free speech group • Spotlight PA

HARRISBURG — A national free speech group is threatening to sue over Gov. Josh Shapiro’s policy banning state employees from engaging in “scandalous or disgraceful” conduct amid widespread protests against the war in Gaza.

The Philadelphia-based Foundation for Individual Rights and Freedoms of Expression, or FIRE, is threatening a lawsuit after contacting Shapiro’s office — with no response — about the controversial policy, which was first reported by Spotlight PA earlier this year.

The policy has exacerbated concerns among civil rights advocates, pro-Palestinian and Muslim American groups that employees who express views different from the Democratic governor’s stance on the war could be unfairly punished.

“Free speech is the bedrock of our democracy, and today it is under threat in the Keystone State by Governor Shapiro,” said Aaron Terr, FIRE’s director of public advocacy, in a statement. “No elected official has the right to impose such a speech ban on government employees. This is an abuse of power, and we look forward to challenging this blatant government overreach in court.”

When the policy was first enacted as an executive order, the Shapiro administration cited the need for “moral clarity” at a time of rising anti-Semitic and Islamophobic speech.

In an email to Cabinet secretaries in early May in which Neil Weaver, head of the Shapiro Administration, announced the decision: “The Administration supports free speech, as recognized by the First Amendment, but that speech must never incite violence, encourage people to break the law, or harass others.”

The executive order does not define unacceptable behavior but says anyone who fails to comply could face penalties ranging from a reprimand to loss of job.

The vagueness of the order has led some civil rights advocates to worry that it could violate free speech protections in the U.S. Constitution. They also said it could result in a lawsuit if someone is fired for violating it.

Manuel Bonder, a spokesman for Shapiro, did not respond to a request for comment on FIRE’s letter or the legal threat. He previously told Spotlight PA that the new language is part of an effort to modernize the state’s code of conduct and that any alleged allegations of misconduct will be “evaluated individually and on their own merits.”

Daniel Burnett, FIRE’s senior director of communications, said the group wrote a letter to Shapiro’s office early last month arguing that the policy could lead to litigation and offering to help change the law to avoid potential First Amendment issues.

“They didn’t respond,” Burnett said.

In a statement Monday, the group asked public employees concerned about the policy to contact FIRE and said it “wants to challenge (the executive order) in court to defend public employees’ core First Amendment rights.”

Founded in 1999, FIRE initially focused on defending free speech on college campuses, but in recent years has expanded its work to include free speech beyond the classroom walls.

The nonprofit reported spending $34.2 million in 2022, including nearly $3.3 million in legal costs nationwide, according to its most recent tax return filed with the Internal Revenue Service. Another $17 million was spent on awareness campaigns, including through social media, podcasts and other platforms.

“Our litigation project is evolving into a premier public interest free speech law firm,” FIRE wrote in its 2022 tax return. “In addition to reviewing every case filing it receives, FIRE attorneys proactively seek plaintiffs to file lawsuits that have the potential to secure lasting legal precedent, significant public policy reform, or a clear cultural impact.”

IRS records show that over the years the group has received some funding from conservative-leaning groups, including groups affiliated with the Lynde & Harry Bradley Foundation and the John William Pope Foundation, which advocate for a limited role for the government and other conservative principles.

According to a 2016 New York Times article, FIRE has also received funding from the Sarah Scaife Foundation and the Charles Koch Institute.

BEFORE YOU LEAVE… If you learned something from this article, please share it and support Spotlight PA on spotlightpa.org/donate. Spotlight PA is funded by foundations and readers like you who are committed to responsible journalism that brings results.