Monday, June 12, 2023

COURT SAYS FIRED OFFICERS CAN SUE OVER FIRST AMENDMENT VIOLATION

By Bob Walsh

 

first amendment


Nearly 200 officers of the Philadelphia P. D. were disciplined over social media posts that many considered to be racist.  Of that group 15 were forced out of their jobs.  12 of those officers have filed suit against the city alleging violation of their First Amendment rights.  

Last year a federal judge dismissed their lawsuit.

Last week a three-judge panel of the 3rd U. S. Circuit Court of Appeals ruled that while the content of the posts was offensive, racist and violent" the action by the lower court to throw the case out was premature.  The 3rd Circuit stated that the lower court ruling lacked clarity over the provenance of some of the posts failed to specify  which posts specifically were the cause of disciplinary action and included "unadorned speculation" about the impacts of the posts.  

The case was sent back down for further consideration.

1 comment:

Trey. said...

I understood that anything I said over the government communication device should not be vulgar or offensive. I was also told that if I used my personal cell phone for government business the contents could be read by my agency. I only used the county issued phone for pics, conversations and texts related to county business.