AboutMichael Troy Expertise I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.
Experience As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.
I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.
Organizations Former Attorney for Center for Individual Rights.
Publications Washington Post
Washington Times
Education/Credentials J.D. from Univ. of Michigan Law School
Question I have a question, I am a public employee (A Fire Marshal) in a local (Township) Government. We have an issue brewing at work. Its election year and there are new candidates that are running for office. The firefighters as a have endorsed a candidate who is not the incumbent in the election. The harassment started last week with an e-mail telling all employees to remove bumper stickers and magnets off their personal vehicles for this new candidate off their vehicles when they are parked on Township property.
We see this as a first amendment violation in the fact that they want all competitions political signage removed from our personal vehicles. The firefighters got together and told the Trustees that we will not remove these stickers off of our personal vehicles. They are our vehicles and we will support the candidate of our choice Their response was to issue a notice that we will be facing discipline if we do not remove these signs. We have stood strong.
They saw that they were losing this battle and decided to walk into the parking lot and TAKE these signs off of our vehicles and they sent an e-mail saying that they indeed took them and for us to knock this shit off or they were going to discipline us severely. Our firefighters voted to press charges against the perpetrators for theft of personal property.
We are waiting for the prosecutor to pick up charges against the perpetrators. We have video showing them actually doing the theft of the signs and then laughing as they re enter the building.
Our Township prosecutor has issued a ruling that basically says as long as we're not creating a diversion or distraction with the way we park or place our signs we are OK however they are still threatening action against the employees.
At one local Halloween event one of the firefighters was in a public park and was wearing a t-shirt for this candidate. He was told he was not allowed in the public park with that shirt on his back. He responded that this is a public park and he is a public citizen at this moment. The administrator said “we’ll see about that”!
Can you give us guidance in this situation. Please….
Thanks
Dale Fahrney
Answer Hi Dale,
I am not allowed to provide specific legal advice is this forum, but I will say that generally speaking suppressing political expression, especially if it is targeted at people because of their choice of candidate, it usually a violation of the First Amendment.
You might want to consider contacting the local chapter of the ACLU for your area.
