From the ACLU:

A federal court found on Wednesday that, based on the facts presented to it so far, the Library of Congress likely violated Col. Morris Davis’s rights when it fired him from his job at the Library’s Congressional Research Service (CRS) because of opinion pieces he wrote about the Guantánamo military commissions system that ran in the Wall Street Journal and the Washington Post in November. [For background, please see here and here.]

The court denied Davis’s request for an immediate injunction to compel the Library to reinstate him, however, finding that Col. Davis had not yet demonstrated the irreparable injury necessary for an injunction because Davis might be able to recover monetary damage in the future.

“While we’re disappointed that the court missed a chance to immediately right this wrong, the court’s ruling makes clear that the facts presented to it show that the Library likely violated Col. Davis’s rights when it fired him for exercising free speech. We look forward to the day when Col. Davis’s rights are restored,” said Aden Fine, staff attorney with the American Civil Liberties Union First Amendment Working Group. “Col. Davis didn’t give up his right to express himself about the military commissions when he went to work for the Library of Congress.”

The ACLU filed a lawsuit on behalf of Davis against Daniel Mulhollan, Davis’s supervisor at CRS, and James Billington, the Librarian of Congress, charging that CRS violated Davis’s right to free speech and due process when it removed him from his position as the Assistant Director of the Foreign Affairs, Defense and Trade Division at CRS for speaking as a private citizen about matters of public concern having nothing to do with his responsibilities at CRS. Both pieces were written by Davis in his personal capacity, made clear that he was writing as a private individual and former chief prosecutor of the military commissions and made no mention of CRS. Davis wrote the pieces on his home computer during non-work hours.

The ACLU had asked Judge Reggie B. Walton of the U.S. District Court for the District of Columbia to issue an immediate injunction to compel the Library to reinstate Davis to his former job and block it from hiring a permanent replacement for that position in the interim. While Judge Walton declined to issue the injunction, his ruling made clear that Col. Davis has a right and grounds to make a claim that the Library violated his rights.

“While I’m disappointed that the Court didn’t immediately take the necessary steps to right this wrong and stop the Library from firing me, I am hopeful the ultimate outcome of this case will recognize my right to free expression,” said Davis. “I will continue the fight to get my job at CRS back, although it’s a fight I never should have had to undertake.”

Judge Walton’s decision is available online here.