January 25, 2015

US Olympic Committee wants to tell Boston what to say.. .Tip: That generally doesn't work

Mass Live - Mayor Marty Walsh has said he will not enforce an agreement with the U.S. Olympic Committee that not only bans all city employees from criticizing the Boston bid, but also orders them to actively promote it.

Despite his assurances, the ACLU of Massachusetts is concerned. Deputy legal director Sarah Wunsch said Walsh's promise might not be good enough and the agreement is "troubling" and "ridiculous."

"I actually am concerned about the kind of legal advice the mayor is getting," said Wunsch, adding that the city has "no right" to make such an agreement. Walsh signed the deal as part of the effort to secure Boston as the host city for the Summer Games in 2024.

The first problem with the "joinder agreement," according to Lawrence Walters, who practices First Amendment law in the Orlando area, is censorship, and the second is "compelled speech," both of which are grounds for federal lawsuits that the city must be prepared for.

An employer, even a government agency, can censor speech if it's "reasonably related to the employment relationship and if the speech will cause a negative impact on the employer," said Walters. Compelled speech is tough to fight if the speaker's job is to actively promote the city's political or business efforts.

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