Official findingOverreach

Federal judge rules Rhode Island governor's office violated First Amendment by firing staffer over Gaza ceasefire post

A federal judge in Rhode Island ruled that the governor's office violated a constituent services staffer's First Amendment rights by firing him over an off-duty ceasefire post, according to Reason's Volokh Conspiracy blog.

According to excerpts of the decision published by Reason's Volokh Conspiracy, Judge John McConnell of the U.S. District Court for the District of Rhode Island ruled in Sanchez v. Almond that the office of Governor Daniel McKee violated a staffer's First Amendment rights. The staffer, who also served on the Providence City Council, was fired in October 2023 after he refused to remove an off-duty post on X saying he marched for an immediate ceasefire and an end to the occupation. The court found the post did not speak for the governor and that the office's evidence of disruption fell short, describing the inquiries as the ordinary business of a governor's office. It held the rights were so clearly established that the defendants were not entitled to qualified immunity. The excerpts do not report a response from the defendants.

Why it matters

The ruling, as reported, finds a state executive office penalized an employee's speech on a matter of public concern made on his own time. The court also denied qualified immunity to the officials involved.

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