Amalgamated Transit Union v. Port Authority of Allegheny County – 3d Cir. – June 29, 2022
Held: Government body violated the First Amendment by prohibiting its employees from wearing COVID masks expressing support for Black Lives Matter.
From the opinion:
Beginning in April 2020, the Port Authority of Allegheny County (“Port Authority”) required its uniformed employees to wear face masks at work. Some employees wore masks bearing political or social-protest messages. Concerned that such masks would disrupt its workplace, Port Authority prohibited them in July 2020. When several employees wore masks expressing support for Black Lives Matter, Port Authority disciplined them under this policy. In September 2020, Port Authority imposed additional restrictions, confining employees to a narrow range of masks. Together with their union, Amalgamated Transit Union Local 85 (“Local 85”), the employees sued, alleging that Port Authority had violated their First Amendment rights.1
The District Court entered a preliminary injunction rescinding discipline imposed under the July policy and preventing Port Authority from enforcing its policy against “Black Lives Matter” masks. Port Authority appeals.
The government may limit the speech of its employees more than it may limit the speech of the public, but those limits must still comport with the protections of the First Amendment. Port Authority bears the burden of showing that Employees and Local 85 amended their complaint to reflect the September policy. its policy is constitutional. It has not made that showing. We will affirm the District Court’s order.
