Rhode Island District Court Chief Judge John McConnell Jr. has ruled that Governor Dan McKee’s top advisors violated the constitutional free speech protections of Providence City Councilor Miguel Sanchez when they fired him for posting pro-Palestine statements on his personal social media. The ruling affirms that government employees cannot be retaliated against for exercising their First Amendment rights on personal accounts, particularly when those roles do not influence public policy.
This decision arrives as Sanchez, a 28-year-old Democratic socialist, secures a primary victory and moves toward becoming the next president of the Providence City Council.
The court rejects the disruption defense
The conflict began in October 2023, shortly after the Israel-Hamas war erupted. Sanchez, who was then working as a junior staffer in Governor McKee’s Office of Constituent Services, used his X (formerly Twitter) account to call for a ceasefire and share footage from a pro-Palestine rally held outside the State House. While supervisors initially cautioned him about the content, the situation escalated after the Providence Journal published an article detailing his activism.
On November 1, 2023, McKee’s office fired Sanchez from his $50,000-a-year position. The administration later argued that Sanchez’s social media presence was disruptive to the office’s operations. However, court filings revealed a stark contrast: the firing itself caused significantly more chaos than the posts ever did. In the 24 hours following the termination, the constituent services offices were flooded with 63 emails, 38 phone calls, and inquiries from 17 different reporters.
“The alleged distraction caused by his post pales in comparison to the inquiries after the firing,” McConnell wrote.
A failure of qualified immunity
Represented by the Rhode Island Attorney General’s office, the defendants—Chief of Staff Joseph Almond and Deputy Chief of Staff Antonio Afonso—attempted to claim qualified immunity. This legal shield typically protects government officials from being held personally liable for monetary damages unless it is proven they violated a “clearly established” statutory or constitutional right.
Judge McConnell denied the motion. The court found that the advisors knew, or should have known, that retaliating against a citizen for exercising constitutional speech was prohibited. The ruling highlighted a particularly damning timeline: Mr. Afonso acknowledged that Sanchez had a right to express himself, yet Sanchez was terminated the very next day.
The court also noted a pattern of selective enforcement. Two other McKee staffers had posted views that directly conflicted with the governor—one advocated for the abolition of the Law Enforcement Officers’ Bill of Rights, and another supported a different presidential candidate in 2024. Neither employee was fired or asked to remove their posts, undermining the administration’s claim that Sanchez’s speech was uniquely disruptive.
The boundary between public duty and private speech
A central pillar of the ruling rests on the nature of Sanchez’s role. The court determined that his job in constituent services had little to no influence over public policy or official communications. The judge also found that Sanchez's social media account was clearly linked to his role as an elected city councilor—first elected in 2022—rather than his employment within the governor's office.
For public employees, this distinction is critical. In this case, the court found the balance heavily favored the individual.
While the ruling establishes the violation of rights, it leaves several practical matters unresolved. Judge McConnell did not address Sanchez’s requests for back pay, monetary compensation, or the reinstatement of his former job. Those financial and employment remedies remain outstanding.
McKee administration reviews legal options after ruling
The ruling creates an awkward dynamic for the McKee administration as it nears the end of its term in January. Olivia DaRocha, a spokesperson for the governor’s office, stated that the administration disagrees with the decision and is currently reviewing all legal options.
Meanwhile, Sanchez has diversified his professional portfolio since the firing. His 2025 financial forms filed with the Rhode Island Ethics Commission list roles as a case manager for Better Lives Rhode Island and a community outreach coordinator for the Rhode Island Community Food Bank. He also reported income from Whatnot, an online platform where he auctions collectible diecast cars.
Whether Governor McKee’s office will appeal the decision or settle the claims for damages remains the primary unanswered question.
