September 27, 2001
federal judge ruled yesterday that New York City police officers do not have to notify the department before they speak as private citizens to government agencies, investigative bodies or private groups.
The ruling, by Judge Sidney H. Stein of the United States District Court in Manhattan, also bars the New York Police Department from requiring that officers deliver a written summary or transcript of any such statements to the commissioner's office on the following day.
The requirement "impermissibly infringes" on officers' right to free speech and violates the First and 14th Amendments to the Constitution, Judge Stein said in his opinion.
The ruling was made in a lawsuit filed in 1997 by the New York Civil Liberties Union on behalf of the Latino Officers Association, which was formed in 1996. The association has complained about discrimination within the department and has spoken out against police brutality and discriminatory enforcement.
In 1997, Judge Stein granted an injunction barring the department from enforcing the reporting policy, as well as a policy that required officers to get approval before all speeches and appearances.
The department then rewrote the policy to eliminate the approval requirement and to exempt statements to the news media and statements made by police union representatives.
But the department appealed the parts of the judge's order that threw out the requirement that all speeches be described after the fact. Police officials contended that they needed to know what officers had said so that they could respond immediately.
In his ruling, Judge Stein wrote that the reporting requirement could have the effect of discouraging officers from speaking publicly because of a fear of retaliation. He also pointed out that the department had no record of any effort to enforce the rules in the 10 years before the Latino Officers Association was formed.