FOR IMMEDIATE RELEASE
Monday, January 12, 2026
Contact:
Colleen Zimmerman (202) 464-2293 [email protected]; Paula Dinerstein 301-580-4020 [email protected]
Federal Employee First Amendment Lawsuit Advances
Right of Federal Workers to Engage in Off-Duty Activism at Stake
Washington, DC — A federal district court judge has rejected a government effort to dismiss a free speech lawsuit brought by Public Employees for Environmental Responsibility (PEER) on behalf of a federal employee who was threatened with criminal prosecution and disciplined for engaging in environmental advocacy on her personal time. The case now proceeds to litigation on the merits with the judge having already ruled against the agency’s interpretation of the legal questions at stake.
The employee, Carolyn McConnell, is a field attorney with the National Labor Relations Board (NLRB) based in Seattle. She is also a leader of a non-profit conservation group advocating for protection of national parks and forests in the Pacific Northwest. After she co-authored an op-ed supporting national park staffing, the NLRB declared that her activities constituted a conflict of interest and requested that she be criminally prosecuted. After the U.S. Attorney declined prosecution, the NLRB threatened Ms. McConnell with disciplinary action if she persisted in her public advocacy, even though McConnell’s advocacy was completely unrelated to her work for the NLRB.
In a ruling handed down on January 8, U.S. District Court Judge James L. Robart rejected the NLRB’s motion to dismiss McConnell’s suit, ruling that the agency had misread a federal conflict-of-interest statute and that she had validly claimed that its action “places a significant burden on her First Amendment rights.” Although the judge ruled based on a standard that puts McConnell’s allegations in the best light, it seems likely that he’ll make the same findings on the merits given that the case presents few if any factual disputes.
“We welcome this ruling, which comes at a time when the rights of federal employees are under siege,” stated PEER Staff Counsel Colleen Zimmerman. “Federal workers do not surrender their rights to speak out as a condition of entering public service.”
In this case, the court relied on a prior case bought by PEER more than 20 years ago involving an electrical engineer from the U.S. Environmental Protection Agency (EPA) based in Las Vegas who faced similar agency threats for his off-duty advocacy for desert tortoises. Today under the Trump administration, some federal employees have been fired or suspended for exercising their free speech rights. Currently, PEER is leading a legal challenge to the termination of several EPA employees because they signed a public letter of dissent.
“This case has broad implications for all federal employees and everyone in this country,” said PEER Senior Counsel Paula Dinerstein. “If the government prevails in this case, it will give license to the current administration to silence and intimidate public servants who want to engage in civic activities outside of their work.”
“I became a public servant because I care about the public good. Like all my fellow federal workers, I swore an oath to defend the Constitution against all enemies foreign and domestic, and I won’t be intimidated from continuing to stand up for my constitutional rights and the rights of all federal employees,” McConnell said.
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Read the district court ruling
Look at specifics of the McConnell case
Read Carolyn McConnell’s Op-ed Supporting Park Staffing
Examine EPA letter of dissent case
PEER protects public employees who protect our environment. We are a service organization for environmental and public health professionals, land managers, scientists, enforcement officers and other civil servants dedicated to upholding environmental laws and values. We work with current and former federal, state, local and tribal employees.
