Federal judge rejects fired biologists free speech lawsuit over Yosemite trans flag demonstration

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What began as an act of solidarity ultimately took a bitter turn for a National Park Service biologist.After helping display a pink, white and blue transgender flag at El Capitan in May 2025, Shannon Joslin, who uses “they/them” pronouns, found themselves at the center of controversy, claiming they were wrongfully terminated for their involvement and that their free speech rights had been violated.In February 2026, Joslin filed a lawsuit against several government agencies and officials, alleging unlawful and retaliatory action in response to peaceful off-duty expression.They sought reinstatement to their job, a ruling that the government acted illegally, protection from criminal charges, and financial damages.On Friday, a federal judge dismissed the case, ruling the court has no authority to force the park service to reinstate Joslin’s position.

However, the ruling did not settle the broader dispute surrounding Joslin’s firing.U.S.

District Judge Jennifer L.Thurston said that Joslin used the wrong process to challenge the firing.Joslin was on their day off from work at the time, installing the flag as a “private citizen,” they said.A week after the demonstration, Joslin was contacted by a Park Service law enforcement officer about the flag and told them they were “under criminal investigation.” In a follow-up interview, Yosemite’s acting deputy superintendent issued a termination letter.The court ruling revealed that Joslin was a few weeks shy of completing their two-year trial period when the termination occurred.According to their employer, Joslin “failed to demonstrate acceptable conduct” during the trial period by participating in a demonstration without the proper permit, “thus [circumventing] rules applicable to all park visitors.”Joslin later received a form, which cited a presidential executive order and unspecified “unacceptable conduct,” ...