To determine whether an employee’s speech is protected, there is often a balancing test between an individual’s rights and disruption to agency operations. The speech also must be made in the employee’s capacity as a private citizen on a matter of public concern, which Joslin’s lawyers argue applies to the trans flag display.
Handling Joslin’s case are attorneys from the Civil Service Law Center, a firm formed by former Justice Department litigators, and the nonprofit group Public Employees for Environmental Responsibility.
