In late October, lawyers Allan Zabel and Laurie Williams
exercised their First Amendment right of free speech when they posted a YouTube
video criticizing the proposed cap-and-trade emissions program. But the
Environmental Protection Agency (EPA), which has employed both Zabel and
Williams for 20 years, ordered them to take it down and remove from it mention
of their work experience.
Zabel and Williams made it quite clear that their views were their own, and
didn’t represent the views of the agency. In mentioning their work experience,
they were doing no more than establishing their personal and professional
identities—which is the right of all citizens to do. The EPA’s shocking
reaction continues the legacy of notorious Bush-era policies which ruthlessly tried
to limit free speech for government workers—especially those addressing climate
change.
In 2005 the Bush administration attempted to muzzle Dr. James Hansen, the
world’s most famous climate scientist. Hansen, a top NASA scientist, publicly
commented on data that convinced him 2005 was one of the hottest years on
record. He also drew attention to the Bush administration’s scientific
censorship.
As Hansen courageously protested, public affairs offices at certain
environmental science-oriented government agencies were imposing strict rules
on employees. For example, they required that all media inquiries be referred
to public affairs offices, which would then determine which staff could “most
appropriately” answer them.
The public affairs offices went so far as to demand that public affairs
officials sit in during all interviews with scientists.
Later, a 24-year-old NASA public affairs employee, whose only qualification for
his position was that he had volunteered for the 2004 Bush reelection campaign,
ordered the renowned Dr. Hansen to shut up and follow the rules or suffer “dire
consequences.”
However, the scientist refused to remain silent about the dire consequences of
climate change. When the official was found to have lied on his resume about
having a college degree, the absurdity of such an under-qualified neophyte
ordering a courageous, world-famous public servant to suppress his views became
obvious even to the Bush administration.
NASA quickly backed down, largely reworking its policy and forcing the public
affairs employee to resign.
At the same time, the EPA, which had established a similar gag on its
employees, refused to reconsider its policy, and it still stands today—despite
the rhetoric of a memorandum from its top administrator indicating a new day
had arrived at the agency.
A few days ago, EPA managers apparently relied on this Bush-era public affairs
relic to force Zabel and Williams to withdraw their video.
Simply put, by accepting government employment, federal employees shouldn’t be
forced to give up their First Amendment freedoms, their safeguards under
whistleblower protection laws, their freedom to communicate with Congress, or
their rights under anti-gag legislation that protect them from government
officials who abuse their authority.
On all four counts, the EPA actions against the San Francisco attorneys break
the law.
