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RODE v. DELLARCIPRETE

December 31, 1986

VIVIAN M. RODE, and JAY C. HILEMAN, Plaintiffs
v.
NICHOLAS G. DELLARCIPRETE, JOHN HARHIGH, JOSEPHINE FURE, RUTH BROWN, ROBERT KINCH, JAY COCHRAN, JR., PENNSYLVANIA STATE POLICE, and COMMONWEALTH OF PENNSYLVANIA, Defendants



The opinion of the court was delivered by: CALDWELL

 Introduction and Background

 By our memorandum and order of October 21, 1986, we directed the parties to submit briefs addressing the contention of plaintiff, Vivian Rode, that Administrative Regulation 4-6 of the Pennsylvania State Police is facially unconstitutional. In that memorandum and order, we held that while Rode did not engage in conduct protected by the United States Constitution she was, nevertheless, entitled to proceed with her constitutional challenge. Essentially, it is Rode's position that the following provisions of Administrative Regulation 4-6 are, on their face, vague and overbroad:

 
6.0.3 GENERAL PROVISIONS
 
A. Deportment : Employees of the Pennsylvania State Police shall conduct themselves at all times in such a manner as to reflect most favorably on the Department and the Commonwealth thereby promoting good public relations. Undesirable conduct shall include immorality or any act or conduct not specifically mentioned in these rules which tends to bring the Department and/or Commonwealth into disrepute or reflects discredit upon the individual employee.
 
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2. Loyalty to Department: An employee shall support the official policies of the Department and implement these policies to achieve results, and shall report to his/her immediate supervisor any other employee known to have violated any directive or order issued for the guidance of Department employees. An employee shall not circulate any scandalous report or story about another employee, whether true or untrue; initiate or spread rumors, nor engage in conversation, discussions, or deliberations of a nature derogatory to the Department.
 
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B. Information - Official :
 
1. Dissemination of Information: An employee shall treat official business of the Department as confidential. Information on Department operations shall be disseminated only to those persons for whom it is intended, as directed by a supervisor or under due process of law.
 
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G. Speeches or Department Representation :
 
2. Public Appearance - Speeches: An employee shall not address a public gathering, appear on radio or television, prepare any article for publication or act as correspondent for a newspaper or periodical, for the purpose of discussing, releasing or divulging any information concerning the activities, plans, methods, policies, affairs of the administration, personal matters, investigative information or any other matters of ...

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