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National Treasury Employees Union Sues General Services Administration for Violation of Free Speech
November 28, 2004
PEN USA supports one of the largest employee unions, the National Treasury Employees Union (NTEU), in their suit against the General Services Administration (GSA) for denying the NTEU a permit to rally at Federal Plaza in New York City last August.
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PEN USA supports one of the largest employee unions, the National Treasury Employees Union (NTEU), in their suit against the General Services Administration (GSA) for denying the NTEU a permit to rally at Federal Plaza in New York City last August.
The NTEU says the permit was denied because the rally was in protest of job losses and competitive sourcing initiatives at the Internal Revenue Service, and the protest would conflict with the GSA’s beliefs. The First Amendment prohibits the government from silencing speech on the basis of its content.
The lawsuit was filed on Oct. 28, 2004 and names, among others, regional administrator John Scorcia, who said the permit was denied because, “it’s not the administration’s agenda to have a protest regarding contracting out.” Scorcia made a similar comment to an NTEU attorney, proving the rally was denied for reasons relating to its content, in direct violation of the First Amendment. Scorcia did not have a comment about these accusations.
Because Scorcia made these comments, Colleen Kelley, president of NTEU, believes “[the GSA] illegally restricted our access.”
GSA spokesman John McCarthy did not comment on Scorcia’s remarks, but McCarthy did say, “we have a consistent policy: We do not grant permits to demonstrate at Federal Plaza… it’s content-neutral.” However, the NTEU says there is a history of holding protests at the plaza. It is unclear if the GSA has granted permits since the 2001 September 11 terrorist attacks, but law professor Geoffrey Stone points out, “Even security concerns will not authorize the government to exclude speakers just because of the viewpoint of their speech.”
Ironically, due to the denial of the permit, the 400-person rally was held on the sidewalk. One rally-goer pointed out security concerns were worsened by the new location, “when they pushed us out to the curb, we were getting in the way. Talk about a security problem!”
NTEU’s general counsel, Greg O’Duden, said he does not know how GSA will defend itself against Scorcia’s telling remarks. However, he said the case seems very straightforward: “the basic principle of constitutional law is that the government cannot control access or make a decision based on the content of what a speaker is saying.”
PEN USA agrees with the NTEU, noting that Scorcia’s comments make it clear that the denial was not based on security issues, but based on the content of the protest. The GSA cannot suppress the NTEU’s First Amendment rights merely because of differing politics. This is an issue central to the principle of free speech in America, and PEN USA gives the NTEU its full support.
Stephen Rohde, First Amendment lawyer and Vice President of PEN USA’s Freedom to Write program, said, “Didn’t the GSA get the memo: The First Amendment prohibits the government from censoring speech or prohibiting a peaceful rally on the basis of the content of the speech or the viewpoint of the rally. It’s as simple as that. The US Supreme Court has said it repeatedly. Once again the GSA will have to learn its lesson. Hopefully, it won’t make this mistake again.”
Recommended Action:
Write to Colleen Kelley, expressing support:
National President Colleen M. Kelley
NTEU NATIONAL OFFICE
1750 H Street N.W.
Washington D.C. 20006
main phone: (202) 572-5500
Contact John Scorcia, condemning his actions and comments against the NTEU:
John Scorcia Deputy Assistant Regional Administrator
26 Federal Plaza 1605
New York, NY 10278-0000
Phone:(212) 264-4285
Fax: (212) 264-2232
E-mail: john.scorcia@gsa.gov