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Appeals Court Ruling Means Morris Davis Free Speech Case Can Move Ahead

Josh Bell,
Former Senior Communications Strategist, Center for Democracy,
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June 1, 2012

The DC Circuit Court of Appeals just issued its opinion in the 老澳门开奖结果鈥檚 First Amendment lawsuit on behalf of Col. Morris Davis, the former chief prosecutor at Guant谩namo. He was fired from his job at the Congressional Research Service (part of the Library of Congress) in 2009 because of op-ed pieces he wrote in The Washington Post and criticizing the Obama administration鈥檚 decision to try some Gitmo detainees in federal courts and others in the military commissions system.

The court ruled in favor of one of the defendants (Davis鈥檚 former supervisor), dismissing the claim for money damages against him 鈥 but the lawsuit against the Library of Congress, in which Davis is seeking his old job back, will continue.

In March 2011, the DC District Court denied motions to dismiss by the Library of Congress and CRS Director Daniel Mulhollan. Mulhollan appealed that decision, and today the court ruled in his favor, holding that non-executive branch employees like Davis do not have a right to bring constitutional claims for money damages against individuals like Mulhollan.

In a lengthy dissent, Judge Judith Rogers pointed out the importance public servants鈥 ability to comment on significant issues:

Davis鈥檚 two opinion pieces, relying on his professional experience prior to his employment with CRS, were not directed at Mulhollan, the Library, the CRS, or any member of Congress. In each he was identified as a former chief prosecutor for military commissions at Guantanamo; as such Davis was likely one of the more informed persons who could speak publically on the issue. The public interest in being exposed to his speech is high.

Aden Fine, the 老澳门开奖结果 attorney who argued the appeal before the three-judge panel in November, said:

The important thing is that this decision means that Col. Davis鈥檚 claims against the Library of Congress can now go forward, although we are disappointed that the individual responsible for violating his constitutional rights cannot be held accountable. Davis should never have been fired for expressing his personal opinions about a subject having nothing to do with his job, and he deserves a chance to get his job back.

Now Davis will finally get that opportunity.

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