WyLiberty Attorney Opposes Unconstitutional Changes to State Hiring Practices

CHEYENNE – WyLiberty attorney Steve Klein submitted comments in a memorandum to the Wyoming Department of Administration and Information ("A&I") today, discussing constitutional problems with two proposed changes to the State of Wyoming Personnel Rules. The memo argues that these provisions are vague and overbroad, and threaten the free speech and association of applicants for state employment.

"Since the "Red Scare" era, case law goes even further to protect dissenting speech, including symbolic speech like flag-burning," said Klein. "Here, however, we see provisions allowing the rejection of a candidate for state employment because he or she 'supports and/or belongs to any organization which advocates illegal overthrow of the government.' It's one thing to reject candidates who believe that themselves, but guilt-by-association is a whole other matter."

The WyLiberty memorandum bases its arguments on numerous cases where courts have struck down vague and overbroad laws and terminations of government employees for speaking about issues of public concern. This includes cases that struck down laws targeting members of the Communist Party in the mid-20th Century.

"There are not many full-fledged Communists left, but there are plenty of organizations, both right-wing and left-wing, that many consider un-American or dangerous," said Klein. "Attending meetings, reading or sharing literature from these organizations or simply discussing their philosophies are protected rights, not reasons to reject applications for employment."

The First Amendment prohibits the abridgment of free speech.

"The First Amendment is in the Constitution to protect even the bitterest dissent, including opposing the Constitution itself," said Klein. "Government blacklisting does not threaten people with jail or fines, but it can be just as effective in silencing critics. Such a policy has no place in Wyoming state hiring practices."

The memo requests a response from A&I. The comment period for the proposed amendments ends today.