Monday, April 18, 2005
Hatch Act decision:
Howard reports on a decision by the Federal Circuit upholding an administrative ruling that a guy had violated the Hatch Act. The Act prohibits some forms of partisan political activity by federal employees. [Some states have "little Hatch acts", not at issue here.]
Guy ran for mayor of Albuquerque which is a non-partisan position, but some of the campaign literature plugged him as a conservative Republican.
The court ruled that the presumption that non-partisan elections are non-partisan can be overcome by some showing of partisanship, which was shown here. The guy argued this is vague and inhibits speech. He was right, the court was wrong.
Howard reports on a decision by the Federal Circuit upholding an administrative ruling that a guy had violated the Hatch Act. The Act prohibits some forms of partisan political activity by federal employees. [Some states have "little Hatch acts", not at issue here.]
Guy ran for mayor of Albuquerque which is a non-partisan position, but some of the campaign literature plugged him as a conservative Republican.
The court ruled that the presumption that non-partisan elections are non-partisan can be overcome by some showing of partisanship, which was shown here. The guy argued this is vague and inhibits speech. He was right, the court was wrong.
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