Nov. 13, 2003 - Yesterday marked another First Amendment victory for Marks & Katz's clients. (For samples of others, visit here). 

On November 12, Maryland Administrative law Judge D. Harrison Pratt vindicated the First Amendment rights of Marcie Ann Betts, a prison officer who was fired after her superiors learned that, long before being hired, she had posed nude on an Internet site that focuses on the tattoo and body piercing culture. (Click here for Judge Pratt's written opinion). For this case, our First Amendment Law partner Jon Katz serves as local counsel with lead attorney and fellow First Amendment Lawyers Association member Lawrence Walters of Florida.

In a resounding reaffirmation of First Amendment rights, Judge Pratt found that Ms. Betts's activities all took place before she was hired, that her activities clearly were protected by the First Amendment, and that her employer failed to show that her First Amendment rights should be eclipsed by security concerns. Judge Pratt concluded that Ms. Betts's "right to take photographs of herself and publish them far outweighs the minimal impact that such activities 'might' have on the [prison
system's] ability to protect staff and inmates and to efficiently operate its facilities."

The judge ordered that Ms. Betts be reinstated in her position with restitution of full pay and benefits, and that the matter be set in for an additional hearing on Ms. Betts's motion for attorney's fees.

Partner Jon Katz said about the victory that "Judge Pratt's ruling reminds Marcie's employers and everyone else that the First Amendment is here to protect all free expression, particularly controversial expression. The First Amendment and the rest of the Bill of Rights are among the most precious assets to civil liberties in the United States."

NOTE:  The local NBC news affiliate interviewed Jon Katz on the last day of Marcie's trial before Judge Pratt, September 23, 2003. Jon confirmed in the interview that the First Amendment forbade Ms. Betts's firing, and that the nude photos would not interfere with the quality of Ms. Betts's work as a prison officer.