Yosemite scientist fired for flying a Trans Pride flag. RIP, free speech? | Opinion
If the Yosemite National Park scientist had hung a Trump banner off El Capitan, the researcher might still have a job.
But SJ Joslin hung a transgender pride flag from the landmark granite wall, and for that, Joslin was terminated earlier this month.
“There is a long history of hanging flags on El Capitan,” Joslin told the online news site SFGate. “These activities have always been legal, and the recent regulation against hanging a flag was created after we hung ours.”
Joslin is a 35-year-old who identifies as nonbinary and uses them/them pronouns. A biologist, Joslin has led Yosemite’s research into bats that live on or near the park’s big rock walls.
Early in the morning on May 20, Joslin and several other park workers scaled part way up El Capitan and affixed the transgender pride flag, a banner that has horizontal stripes of light blue, pink and white. Park officials then ordered its removal and it was taken down by 10 a.m. that day.
Joslin told SFGate that hanging the banner was meant to promote acceptance and love of the transgender community, which has faced ongoing attacks by Trump.
Fast forward to Aug. 12. That is the date of a letter Joslin got from a deputy park superintendent that gave notice of Joslin’s termination. Due to a quirk caused by the COVID pandemic, Joslin had a longer-than-usual probation period, and thus was easier to terminate than if the regular employment status had been in effect.
The letter said Joslin conducted a demonstration outside of Yosemite’s designated area and did not have a permit for such a display.
On the day Joslin hung the banner, the park did not yet have regulations for how such displays were to be handled, SFGate reported. The rules were put in place on May 21, a day after Joslin’s banner went up and then was taken down. The regulations now say no banners, flags or signs can be hung on Yosemite’s natural or cultural places.
Park officials told Joslin that hanging the banner amounted to a “demonstration,” which requires a permit.
Joslin told SFGate that if a rule had prohibited hanging a banner from El Capitan, they and others would not have done it. Joslin loved their job and wanted to keep it.
Maybe an appeal to President Donald Trump is what Joslin should pursue. After all, his executive order issued on Jan. 20 is entitled “Restoring freedom of speech and ending federal censorship.”
First Amendment rights
Trump has proudly proclaimed that the right of free speech is being restored by his administration, as outlined in the executive order:
“It is the policy of the United States to:
- (a) secure the right of the American people to engage in constitutionally protected speech;
- (b) ensure that no Federal Government officer, employee, or agent engages in or facilitates any conduct that would unconstitutionally abridge the free speech of any American citizen;
- (c) ensure that no taxpayer resources are used to engage in or facilitate any conduct that would unconstitutionally abridge the free speech of any American citizen; and
- (d) identify and take appropriate action to correct past misconduct by the Federal Government related to censorship of protected speech.”
However, Trump still wants to define what speech is appropriate in American culture. For example, he has told the Park Service to get rid of any signage or displays that show America in a bad light — even if the information being removed is accurate.
Trump has also attacked transgenderism. One of the first acts he took as the new president was to declare people are the biologic sex they are born with, and he has opposed trans people from serving in the military or competing in women’s athletics.
Yosemite leaders must act
Yosemite draws visitors to see its amazing natural features, not banners representing certain causes.
That said, Joslin’s termination is a drastic overreaction by Yosemite park leaders. They need a refresher course on what constitutes free speech. Here is a bit of background from the National Constitution Center:
“The freedom of speech also applies to symbolic expression, such as displaying flags, burning flags, wearing armbands, burning crosses, and the like.”
The reality is few people will hang banners off El Capitan because rock climbing is required. Joslin is a former professional rock climber.
Joslin is considering suing the Park Service for wrongful termination. To head off potential legal liability, Yosemite leaders should reinstate Joslin to the biologist job and apologize for trampling his First Amendment rights. The U.S. Constitution is still in force in America.
