FIRE Threatens to Sue Gov. Josh Shapiro Over ‘Shameful’ Speech Laws

The Foundation for Individual Rights and Expression tried to warn the Democratic governor of the Keystone State about the legal issues surrounding his executive order. On September 9, it issued a “statewide call for affected workers to contact and challenge the order.”

The executive order, which has been in effect since May, prohibits state employees and other officials from “engaging in scandalous or disgraceful conduct or any other conduct, whether on or off duty, that is likely to bring the Commonwealth’s service into disrepute.”

In a subsequent email, Secretary of Administration Neil Weaver said the ban also applies to speech.

“The need for moral clarity is especially acute today as anti-Semitism, Islamophobia, and other forms of hate speech are on the rise not only in Pennsylvania but across the country and the world,” Weaver wrote. “This behavior comes in many forms, from social media posts to boycotts to graffiti to public confrontations and other hate-motivated actions.”

Weaver suggested that such forms of speech could “incite violence,” contrasting them with the administration’s support for the First Amendment.

But the restrictions on what employees do “off-duty” clearly threaten free speech, according to FIRE. “No elected official can impose such a speech ban on public employees,” Public Advocacy Director Aaron Terr said in a press release. “This is an abuse of power, and we look forward to challenging this blatant government overreach in court.”

The free speech group says the government could impose some restrictions on what employees do during working hours.

This makes sense—public sector workers are paid by taxpayers to do a specific job. The public deserves to be treated with respect, too. In addition, workplaces typically have policies that ensure a respectful and functioning environment.

However, the broad prohibition on “off-duty” conduct, particularly in light of the statement linking it to the Israel-Palestinian controversy, raises serious concerns.

Additionally, a broad ban on “shameful” and “scandalous” speech could incriminate conservative Christian workers who disagree with Shapiro’s support for abortion and his stance on LGBT issues.

Pennsylvania would be right to penalize state employees whose conduct undermines their ability to do their jobs. For example, a state employee who is convicted of driving under the influence off the clock should expect to lose his job as a truck driver for the Department of Transportation.

Speech that clearly demonstrates a disinclination and desire to violate the actual civil rights of others should also be subject to scrutiny. It would be appropriate for the Pennsylvania Department of Motor Vehicles to fire an employee who privately posted on social media in his free time how he would refuse to help a Black or Asian citizen.

The state Department of Transportation did the right thing when it fired an employee who criticized dangerous school bus drivers using vulgar language. She wrote, “I don’t give a damn about these kids and I’ll happily crash a school bus” on a private Facebook page, and her firing was upheld by the state Supreme Court.

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Public sector workers should be able to freely express their opinions, participate in candidate rallies or initiatives, and enjoy the same freedoms as other citizens.

It would be shameful to interfere in their private lives and political views.

Matt Lamb is a contributing author “Washington Examiner” Beltway Confidential Blog. He is deputy editor-in-chief College Repair and previously worked for Students for Life of America and Turning Point USA.