Garman v. Patel; Does 1 and 2 v. Patel: Amici Curiae Brief on behalf of First Amendment Scholars

The Yale Media Freedom and Information Access Clinic and Campaign Legal Center (CLC) filed an amicus brief on behalf of leading First Amendment scholars in support of FBI agents who were fired for investigating efforts to subvert the 2020 presidential election. The brief argues that the First Amendment protects nonpartisan civil servants from firings motivated by perceptions of political disloyalty. Further, the brief urges the Court to reject the government's claim that FBI agents cannot claim First Amendment protection because they do not allege they were fired for express political speech or affiliation. Our brief explains why the government firing FBI agents for perceived political disloyalty is unconstitutional, regardless of whether the agents engaged in outright political advocacy.