1st Am implicated by firing of ALJ based on written decisions

[Volokh, Eugene]

        In Harrison v. Coffman, 1999 WL 42034 (E.D. Ark. Jan. 25), an
ALJ alleged that it was unconstitutional for an agency to dismiss her
because "she exercised her free speech right to independently and
impartially decide cases before her in a competent manner withina range
of reason and without imposed or required prejudgment, partiality or
ideological bias."

        Held:  Such an allegation does state a 1st Am claim.  Just as
teachers have a (limited) 1st Am right to select the content of their
classroom speech and even assign the grades that they think are right
(citing several circuit cases), so ALJs have a 1st Am right to a sort of
"quasi-judicial 'decisional independence.'"  In the judge's words, "This
may well be the first decision so holding."


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Eugene Volokh, UCLA Law School, 405 Hilgard Ave., L.A., CA 90095