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May 9, 2006DO-06-014
Designated Agency Ethics Officials
Marilyn L. GlynnActing Director
Court of Appeals Upholds OGE Rule on Teaching, Speaking and Writing
On May 3, 2006, the United States Court of Appeals for the 10th Circuit affirmed the decision of the district court in Wolfe v. Barnhart, upholding the validity of 5 C.F.R. § 2635.807(a) against a first amendment challenge by an administrative law judge (ALJ) of the Social Security Administration (SSA). See Wolfe v. Barnhart, No. 04-5194, available at http://pacer.ca10.uscourts.gov/pdf/04-5194.pdf, and http://www.kscourts.org/CA10/cases/2006/05/04-5194.htm. The Court also upheld the interpretation of the Office of Government Ethics that the rule prohibited the ALJ from receiving royalties for a book he co-authored about the SSA disability adjudication process, notwithstanding the fact that the ALJ may have acquired expertise on the subject prior to his employment by SSA.