Federal Circuit Upholds Rule Banning "policy commentary" on VA Property
by Amanda Adams*, 9/19/2007
The Federal Circuit upheld a rule banning "policy commentary" on land owned by the Department of Veteran Affairs (VA). The suit Preminger v. Secretary of Veterans Affairs stems from a voter registration drive at a homeless shelter and nursing home.
The VA rule bans commentary and policy discussion unless the speaker is "authorized." 38 C.F.R. 1.218 (a)(14) states; "For the purpose of the prohibition expressed in this paragraph, unauthorized demonstrations or services shall be defined as [. . .] partisan activities, i.e., those involving commentary or actions in support of, or in opposition to, or attempting to influence, any current policy of the Government of the United States, or any private group, association, or enterprise." This case challenged the VA's exclusion of nonpartisan voter registration workers.
