A federal appeals court in Washington, D.C., struck a blow for the First Amendment in a Tuesday opinion by a conservative judge — and noted protégé of Justice Brett Kavanaugh — appointed to two separate benches by former President Donald Trump.
U.S. Circuit Judge Justin R. Walker penned the majority opinion in the case stylized as Guffey v. Mauskopf, which concerns two women who work for the Administrative Office of the United States Courts, Lisa Guffey and Christine Smith. Specifically, the case concerns what they do during non-work hours.
In their free time, both are political activists.
“When they are away from work, they want to express support for their preferred candidates in partisan elections,” the opinion explains. “Both Guffey and Smith have engaged in partisan political activities away from the job while employed at the AO.”
Referred to throughout the opinion as the AO, the agency changed their personnel guidelines in 2018 to prohibit their employees from ever engaging in nine specific forms of political activity.
Those prohibitions are as follows:
1. Publicly expressing opinions about partisan candidates or political parties, including on social media;
2. Wearing or displaying partisan badges, signs, or buttons;
3. Contributing money to a party, candidate, or political action committee;
4. Attending partisan fundraisers;
5. Attending a partisan candidate’s campaign events;
6. Attending party conventions, rallies, and meetings;
7. Being a member of a partisan...
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