George W. Sweeney, Below v. Delaware Department of Transportation, Below, and the Merit Employee Relations Board

Summary

The Court affirmed that Delaware's prohibition on employee political activity while working on government property does not violate the First Amendment. It reversed and remanded because the lower tribunals relied on a rescinded federal interpretive standard and failed to address the proper meaning of “political activity” under Delaware law, leaving the overbreadth and vagueness challenges unresolved.