CAHILL'S FREE SPEECH BATTLE (Continued)




Brett Cahill had the idea of starting a reference network to permit
former eployees to discuss local employers with job seekers on a
systematic basis.

To make his idea work, Cahill had to find a supply of ex-employees
willing to serve as references.  He figured the best way to locate
those people was to post fliers at Florida's state-run Job Services
offices.  But an attorney for the Job Service said that he was
concerned that posting Cahill's fliers could be construed as an
endorsement by the agency.  Robert L. Smith, manager of the Job
Service offices in Hillsborough, Pasco and Pinellas [near Tampa]
refused to let Cahill post fliers indicating they were "inconsistent"
with other literature available in Job Service offices.

Cahill vehemently disagreed.  "They just want to censor people at
random for no legal reason at all.  They are absolutely terrified
for lowly scum employees to talk to each other."  Cahill filed
suit but Federal Judge Elizabeth Kovachevich in Tampa dismissed
Cahill's lawsuit before hearing any arguments in the case.
Kovachevich ruled that Cahill had "no constitutional right to set
up and operate an information system on state property." [Jan.1990].

Cahill appealed her ruling and sought help from the ACLU.  In
September 1990 Kovachevich's ruling was reversed and Cahill and
the Job Service attorney started preparations to lock horns in
a federal court trial in Tampa.

I understand a federal court ruling will be released soon.  Hopefully
Cahill's struggle will result in greater freedom of expression
for us all.

-Joe Gaut