Washington, DC — The U.S. Supreme Court today declined to hear Lowery v. Mills, a First Amendment case brought by the Institute for Free Speech on behalf of University of Texas finance professor Richard Lowery. The case challenged a Fifth Circuit ruling that leaves public employees in Texas, Louisiana, and Mississippi without meaningful legal recourse when government employers silence them through threats, so long as the employer doesn’t then impose formal discipline.

The case asked the Court to resolve a circuit split over whether government employers can silence public employees through threats alone. The overwhelming majority of federal circuits protect employees from such conduct; the Fifth Circuit does not.

“We’re disappointed that the Court declined to hear this important case,” said Institute for Free Speech Senior Attorney Del Kolde, lead counsel in the case. “The Fifth Circuit’s rule rewards government employers who successfully silence their employees through threats—the more effective the intimidation, the less accountability the employer faces. Public employees in Texas, Louisiana, and Mississippi remain vulnerable to that kind of censorship, and that is inconsistent with the First Amendment.”

To learn more about Lowery v. Mills, visit our case page here, which includes all case filings and other resources.

About the Institute for Free Speech

The Institute for Free Speech promotes and defends the political speech rights to freely speak, assemble, publish, and petition the government guaranteed by the First Amendment.