Police Officer Stephan Eiland wrote a parody poem criticizing Mayor Emory Folmar of the City of Montgomery, Alabama. Eiland used Folmar’s words in the poem and then posted the poem around the police station.

Shiela Cain

Eiland v. City of Montgomery, 797 F. 2d 953 (1986)

Police Officer Stephan Eiland wrote a parody poem criticizing Mayor Emory Folmar of the City of Montgomery, Alabama. Eiland used Folmar’s words in the poem and then posted the poem around the police station. The poem was written on Eiland’s own time before his shift. In the poem, Eiland made three points about Folmar (1) how he ran the police department, (2) how promotions were made, and (3) How officers were used as the mayor’s bodyguards. Eiland had filed a discrimination suit against the department in 1983 over the agency’s employment practices. In the previous case, Eiland alleged that promotions were based on political favors in violations of the First Amendment. That case was denied but was later filed in another independent case. In the fall of 1983, while running for re-election, the lower Court did find that the promotional practices of the police department under Folmar were an issue. Eiland typed and distributed the poem three days before the election. An investigation was conducted, which determined that Eiland was responsible for the poem. As a result, Eiland was demoted from Corporal a supervisor position to an officer. Eiland filed a lawsuit alleging that his First Amendment Rights were violated.

If I were the judge, I would reverse the Jury verdict because the poem did not adversely disrupt the agency’s workings and was free speech. The United States District Court reasoned that Eiland’s criticism of fellow officers was disrespectful and not an exercise of free speech. However, the officers mentioned in the poem were not offended by the poem. The mention of the mayor in the poem was protected speech. I would have ruled that Eiland’s demotion was retaliation for writing the poem. I would have found that the demotion was retaliation for writing the poem criticizing the mayor.

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