MEMORANDUM ORDER AND JUDGMENT
PARKER, District Judge.
In this proceeding, declaratory and injunctive relief are sought by two employees of the District of Columbia Government who claim a violation of their First Amendment rights. The defendants are the District of Columbia, the Mayor, Director of Personnel and several other officials. Jurisdiction is conferred pursuant to 28 U.S.C. §§ 1331, 1332, 2201 and 2202.
Plaintiff Phillip Matthews, a parole officer employed by the District of Columbia Department of Corrections, and plaintiff Kenneth M. Cox, an employee of the District of Columbia Fire Department, bring this action against the District of Columbia and certain named officials who in their status as officers of the D.C. Government are alleged to have the authority to promulgate and enforce regulations governing plaintiffs' conduct as employees of the District of Columbia.
Matthews and Cox challenge as violative of their First Amendment rights, Chapter 10(b)(2) of the District of Columbia Personnel Manual,
a D.C. Government-wide regulation prohibiting employees from making public "any disagreement with, or criticism of the official policies and operating practices of the D.C. Government." They also challenge agency regulations which implement that policy, including (1) Department of Corrections Employee Regulation 1.11, forbidding without a supervisor's prior approval, "release of information concerning any phase of the Department's affairs," and (2) Article III, Section 15 of the Fire Department Order Book, similarly prohibiting employees from disseminating information outside the Department. Each plaintiff sought relief for himself with respect to disciplinary actions taken or threatened against him for violation of the said regulations. Plaintiff Matthews was suspended for one day without pay on January 19, 1976, following an administrative hearing in which the Department of Corrections determined that he had violated Regulation 1.11 by discussing with a Washington Post reporter certain general aspects of the Department's programs. Plaintiff Cox was subject to a special investigation by his superiors in the Fire Department following certain statements he made to a WMAL radio reporter concerning that Department's policy in allocating its fire-fighting resources.
Plaintiffs allege in their complaint that Section 10(b)(2) was designed to and did suppress criticism of the policies and practices of the D.C. Government. They further allege that the Department of Corrections and the Fire Department implemented Section 10(b)(2) through the regulations referred to above. Finally, plaintiffs argue that each of the regulations was unconstitutional on its face and as applied.
Subsequent to the filing of this proceeding, the Corporation Counsel of the District of Columbia undertook a full review of the constitutionality and enforceability of the challenged regulations. By formal memorandum dated August 12, 1976, the Corporation Counsel advised that the challenged regulation should be expunged. Upon this advice, the defendant George Harrod, director of the D.C. Personnel Office, on August 27, 1976, issued a general announcement and directive which read:
Section B-2, Internal Disagreements, of Chapter 10 is being DELETED in its entirety. Persons maintaining that Manual should line out this entire paragraph. Paragraphs 3 through 8 in this Section should be renumbered 2 through 7 respectively.
Accordingly, any agency directives containing similar prohibitions against public criticism of official policies or operating practices must be rescinded immediately.