home *** CD-ROM | disk | FTP | other *** search
- RICHMOND, Va. -- An Army publicist who claims he received a poor job
- evaluation because of his off-duty efforts to expose military UFO coverups
- argued before a federal appeals panel he needs an injunction to protect him
- from his supervisors' ire.
- But a three-judge panel of the 4th U.S. Circuit Court of Appeals
- suggested Tuesday the entire case may be unnecessary since the offending
- evaluation had already been excised from Larry Bryant's file.
- Bryant, 52, a 32-year civil service veteran from Alexandria who works
- as a civilian editor for the Army News Service, claimed his First Amendment
- right to free speech was violated because his job rating was based in part on
- his longtime interest in UFOs and the military.
- In 1985, after running ads asking for help in ending "the Cosmic
- Watergate," Bryant received his first-ever unsatisfactory job rating. Bryant
- sued, claiming the Army was trying to block his search for Army
- whistleblowers. The Defense Department later agreed to stop bothering him
- about the ads, but Bryant continued to press his First Amendment case.
- The U.S. District Court in Alexandria threw the case out, saying
- there were other ways to settle the matter besides a lawsuit. The 4th U.S.
- Circuit Court of Appeals agreed, but the U.S. Supreme court overturned them
- both and ordered a hearing.
- As the July 1989 trial began, Bryant asked for a delay because a key
- witness -- a supervisor who allegedly was out to get him because he was "an
- embarrassment" -- was on assignment in Antartica. The court proceeded without
- the witness, ruled in favor of the government, and this appeal followed.
- To Judge Francis Murnaghan Jr.'s inquiries about the proof of UFOs,
- Bryant's lawyer, James Heller of Washington contended Bryant had a First
- Amendment right to seek answers to "unknown events."
- "Why wouldn't he be an embarrassment" if he's following "a theory for
- which no scientific basis has been found?" Murnaghan asked.
- Judge Dickson Phillips Jr., also wondered why Bryant couldn't "get
- his supervisors off his back ... without getting into the First Amendment
- jurisprudence?
- "If the ax really drops on him, then he can sue," Phillips said.
- Heller said Bryant fears that without the protection of an
- injunction, he'll be fired. Since Bryant sued, all his evaluations have been
- top-notch, Heller said.
- In answer to a question, Koppel also noted that the offending
- evaluation wasn't even in the file, because they are automatically thrown out
- after three years.
- Phillips, apparently convinced the revelation made the case legally
- worthless, asked Koppel "Why didn't the Supreme Court look at mootness? They
- put two courts to a lot of trouble for a moot case."
- A decision is expected in about 60 days.
-
-