The Massachusetts Civil Service Commission has made a ruling that overturns the Boston Police Department's decision to fire Officer Joseph Abasciano over his controversial tweets regarding the January 6 attack on the U.S. Capitol. Abasciano, who attended the "Stop the Steal" rally preceding the Capitol riots but did not participate in the violence, was discharged from the force in March 2023 for "conduct unbecoming" an officer. According to MassLive, the Civil Service Commission's decision, which was unanimous, stated that his tweets were protected speech and did not constitute misconduct justifying his termination.
The commission's ruling does not compel a rehiring by the Boston Police Department since Abasciano has been on an approved involuntary disability retirement since early this year. While the tweets denied President Trump's defeat and criticized various officials, a commissioner emphasized that the ruling should not be seen as an endorsement of the opinions within the tweets. Paul M. Stein clarified, "The decision is not to be construed as endorsing the substance of those misinformed opinions nor as condoning the underlying, unconscionable criminal acts committed by those who stormed the Capitol that day," as reported by MassLive.
Earlier investigations concluded that Abasciano's tweets didn't condone the violence or affect his work. However, under new department leadership, his case was reopened, leading to his eventual firing. The subsequent lawsuit brought by Abasciano in October seeks over $3 million in damages, with claims against the city, police department leaders, and other department members. "Now that my name has been cleared, the next step is to hold BPD financially accountable for their outrageous conduct, the damage they have done to my reputation and the immense emotional harm they’ve caused my family and I," Abasciano said in a statement obtained by The Boston Globe.
Public reaction to the Civil Service Commission's decision appears to be mixed. The rarity of the situation, given Abasciano's retirement status, solidifies the case's unique position within the intersection of free speech, public trust in law enforcement, and accountability for officers' off-duty conduct. The Boston Police Department has yet to comment on the commission's ruling, as per The Boston Globe.
