Becket urges federal appeals court to protect religious speech
WASHINGTON – Becket filed a friend-of-the-court brief yesterday urging the full U.S. Court of Appeals for the First Circuit to protect government employees’ private speech from state censorship. In Hussey v. City of Cambridge, a divided three-judge panel on the First Circuit ruled that government employers can punish private employee speech they deem too “disparaging”—giving officials broad power to silence off-duty speech they dislike or find politically inconvenient. Earlier this year, the full First Circuit agreed to rehear the case “en banc,” meaning in front of all active judges on the court. Becket’s brief warns that the “disparagement” standard uniquely threatens the free speech of religious Americans working for the government.
Brian Hussey is a Cambridge, Massachusetts police officer with over two decades of service on the force. In February 2021, he posted a short comment on his private Facebook page criticizing the decision to name a federal police-reform bill after George Floyd. He then decided to delete the post within a few hours. But after the police department received a complaint about the post, it placed him on administrative leave for nearly two months and suspended him without pay for four days. Hussey sued the City, and last year a divided panel on the First Circuit upheld the punishment, finding that the “disparaging” nature of his post meant it was entitled to less constitutional protection than ordinary political speech.
“Americans don’t lose their right to speak their mind when they take a government job,” said Adèle Keim, senior counsel at Becket. “Someone who doesn’t like your politics—or your religion—shouldn’t be able to get you fired because of something you said to your friends outside of work.”
If allowed to stand, the panel’s anti-disparagement rule would create a slippery slope, giving governments across the political spectrum vast discretion to silence employee speech they dislike. One administration might use it to censor criticism of a sitting president or advocacy for gun rights. Another might use it to punish pro-life advocacy or traditional religious views on marriage and sexuality. Once “disparaging” becomes the label that decides whether speech is protected, the loudest opponents get power over what government employees are allowed to say. Religious speech is especially at risk, because many religious believers hold views that differ from social consensus on deeply contested issues. Becket’s brief urges the full court to reject the panel’s standard and to reaffirm that speech does not lose protection simply because the speaker works for the government.
“The Supreme Court rejected McCarthyism in 1968,” said Keim. “The First Circuit should remind New England that when government employees talk politics or religion on their own time, the Constitution protects them.”
Oral argument in the case is scheduled for April 8, 2026.
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