Brenda Alderman v. The Philadelphia Housing Authority

OPINION OF THE COURT

ADAMS, Circuit Judge.

This case presents a novel question of First Amendment jurisprudence; namely, whether the imposition of a “prior restraint” by a public agency upon the speech of its employees was justified by the agency’s interest in curtailing certain political activity by such employees. We hold that, in the circumstances presented here, the restraint constituted an impermissible infringement of the employees’ rights of free expression.

I

An understanding of the case requires a rather extensive exposition of the factual backdrop.

The appellants, plaintiffs in. the…