Questions & Answers

Can a Mayor Gag City Hall Workers From Talking To The Media?

QUESTION

I received a message from the Mayor of (omitted) directed to all City Hall employees to not speak to The Media and demands all questions be directed to his office.

My question is: does the mayor have the authority to do this? Many of these workers are civil servants and not just employees. Many people have told me they believe this is illegal, but I’d be interested in what you have to say.

Answer

Linked below is a great report on this issue:

https://brechner.org/wp-content/uploads/2019/10/Public-employee-gag-orders-Brechner-issue-brief-as-published-10-7-19.pdf

A quote from the report:

“Decades’ worth of First Amendment caselaw establishes that public employees have a constitutionally protected right to speak about work-related matters without needing their employer’s permission. Policies and regulations that require pre-approval before government employees can discuss their work with the news media are invariably struck down as unconstitutional when challenged.”

This great article summarizes some key points:

https://www.jou.ufl.edu/insights/government-agencies-cant-stop-employees-from-talking-to-the-press-heres-why/

The NY Civil Liberties Union has litigated this issue as well:

https://www.nyclu.org/press-release/city-agrees-rescind-employee-gag-order-policies

Questions & Answers

Can a Mayor Gag City Hall Workers From Talking To The Media?

QUESTION

Answer

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