We'll have to see how the lawsuit pans out, but I doubt you're right here. Public institutions are in no way obligated to let their members serve as expert witnesses in their capacity as an employee. See Garcetti v. Ceballos.
However nothing is stopping them from testifying against the institution in their capacity as a private citizen. This is why whistleblowing is possible.
UF is saying they cannot be expert witnesses affiliated with the university per their process explicitly outlined in the article.
It would be another thing if they were trying to testify in another capacity and UF was trying to stop them.
An expert witness acts as a servant of the court, not as the agent of their employer. Naming the UoF as your employer is simply stating the truth to the court about your credentials; it doesn't mean the UoF has to take responsibility for your testimony.
I agree, but the entire point of the article is that UoF has had an agreement in place with all employees saying that they must get approval in order to serve as an expert witness to begin with.
> I agree, but the entire point of the article is that UoF has had an agreement in place with all employees saying that they must get approval in order to serve as an expert witness to begin with.
Government institutions are limited in how they can restrict the speech of their employees because of the first amendment. This is a safety net to prevent the government from consolidating power by putting their thumb on the scale of public discourse.
IANAL (nor an expert!), but I would have expected that an expert witness appears in court in response to a summons; he is therefore obeying the orders of the court, which I would have expected would override any shifty terms in an employment agreement.
However nothing is stopping them from testifying against the institution in their capacity as a private citizen. This is why whistleblowing is possible.
UF is saying they cannot be expert witnesses affiliated with the university per their process explicitly outlined in the article.
It would be another thing if they were trying to testify in another capacity and UF was trying to stop them.