The Pennsylvania State Ethics Commission's gag rule on people who file complaints appears to violate the constitutional right to free speech, a federal judge ruled yesterday.
U.S. District Judge Christopher Conner granted a preliminary injunction sought by citizen activist Gene Stilp of Harrisburg to bar enforcement of the provision pending a hearing on the legal issues.
Commission officials contended that the ban on disclosing information about pending complaints is necessary to protect the integrity of investigations and the reputations of innocent officials.
The judge said the commission failed to prove that a blanket ban on disclosure is the least restrictive means of achieving those goals. He said Mr. Stilp demonstrated a reasonable probability that he would succeed in challenging the constitutionality of the law if the case goes to trial, which he said warranted the injunction.
Mr. Stilp, who must post a $250 bond for the injunction to be issued, paid $500 to settle a complaint against him by the ethics commission for telling reporters in 2007 he was about to ask the panel to investigate taxpayer-financed polling by the House Democrats. He filed his lawsuit challenging the law in March.
Kevin Harley, a spokesman for state Attorney General Tom Corbett, said state prosecutors and the commission will decide whether to ask for a trial on the merits of the case or to appeal Judge Conner's decision.
