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Court: Union Political Messages Not Allowed In Federal Buildings
The US 2nd Circuit Court of Appeals
reversed a lower court’s decision, finding that the hanging
of such a poster by New York-based US Postal Service
employees during the 2000 presidential election campaign
constituted political activity.
Further, the appellate court rejected constitutional
arguments by the postal workers’ union that such bulletin
boards were limited public forums subject to First
Amendment protection, according to a report by the New York
Law Journal.
“[T]he pertinent regulations define
political activity in a way that clearly includes the
[American Postal Workers Union’s] poster,” Circuit Judge
Ralph Winter wrote for the unanimous appellate panel in
Burrus v. Vegliante
, 02-6257.
Additionally, the court found
the interior post office work areas to
be nonpublic forums, noting that union bulletin boards are
open only to the union and were restricted by the union for
“suitable notices and literature.” This restriction “by any
definition surely excludes material posted in violation of
federal law,” the court ruled.
Hatch Act
The Hatch Act, adopted in 1939, governs p
olitical activity in federal
workplaces.
Originally, the act was intended to limit the
political activities of federal employees so as to prevent
coercion of federal employees in using the civil service to
build political machines.
Federal employees were barred both in and out of the workplace from taking active roles in political management or political campaigns, until 1993 when the Hatch Act was amended. Following the amendment, government workers, with a number of exceptions, were allowed to take part in political activities off duty while maintaining on-duty restrictions.
Political Propaganda
The questionable posters were created by
the American Postal Workers Union and mailed to 27,000
union members in addition to being tacked up on the union’s
bulletin board.
They compared the platforms of both Al Gore and
George Bush during the last presidential election,
suggesting that Gore held positions more favorable to
postal workers.
The Postal Service asked the union to
remove the posters under provision in the Hatch Act.
However, Union President William Burros refused and
sued after the Postal Service issued an “advisory opinion”
suggesting that employees who hung posters could be
disciplined.
The union conceded that posters were
placed on bulletin boards by on-duty postal employees, but
argued that such actions were not prohibited political
activity under either the original or amended version of
the Hatch Act.
However, the appeals court found the
pre-1993 Hatch Act had in fact listed as
political activities the displaying of political pictures
and badges and other activities not generally undertaken in
coordination with candidates or parties. The court also
found that the legislative record of the 1993 amendment
clearly showed Congress’ intent to restrict on-duty
political displays.
The case is Burrus v. Vegliante , 02-6257.