After refusing to push away protesters as ordered, the cop was suspended. But he said following the order would have violated the protesters’ rights.

Steve Armbruster was a police corporal with the Kutztown University Police Department in Pennsylvania.

In April 2007, about 15 demonstrators gathered on campus. They were met by about 300 counter-demonstrators who objected to the group’s anti-gay message.

University police arrived on the scene, and the police chief ordered Armbruster to “push” the demonstrators away. But since the assembly was peaceful, he was afraid that forcing them to move would violate their civil rights and possibly subject him to personal liability. He refused to obey the order.

Armbruster was later suspended without pay for five days. He sued, claiming violation of his First Amendment rights and his right to refuse to obey an unconstitutional order.

The court rejected his claims. His “speech” in refusing to obey the order was not protected by the First Amendment because it was made as a public employee and not as a private citizen. Also, courts do not recognize an enforceable right to refuse to violate the constitutional rights of others.

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