Longtime FBI Employee Sues After Firing Over Pride Flag, Alleges First Amendment Violation

David Maltinsky, a 16-year FBI employee who was weeks away from being promoted to agent, has filed a federal lawsuit after being terminated last month for displaying a small Pride flag at his Los Angeles workspace. He seeks reinstatement and alleges the Bureau violated his First Amendment rights and unlawfully retaliated against protected expression.

In a civil complaint filed in the U.S. District Court for the District of Columbia, Maltinsky argues that the government may not fire or retaliate against employees for expressive conduct on matters of public concern. The complaint cites the principle that the First Amendment "forbids government officials from firing government employees, or otherwise retaliating against them, simply for engaging in expressive conduct concerning a matter of public concern."

The suit says Maltinsky was dismissed by a letter dated in October and signed by FBI Director Kash Patel. The termination letter states that Maltinsky "exercised poor judgment with an inappropriate display of political signage in your work area during your previous assignment at the Los Angeles Field Office," and concludes that his employment "is hereby terminated."

According to the complaint, Maltinsky began working for the FBI in 2008 and was attending an agent training program at the Bureau's Quantico, Virginia facility when he received the termination. The lawsuit says the small rainbow flag he displayed at his Los Angeles desk had previously been shown outside the federal office complex and was given to him afterward.

The complaint alleges a colleague complained to a supervisor about Maltinsky's flag on Jan. 20, 2025—the day of President Trump’s second inauguration—and that his firing followed. Maltinsky says he believed his display complied with guidance that allowed Pride flags at federal office complexes beginning in June 2021.

"The ripple effect of fear has been felt. Many gay colleagues have removed Pride flags from their desks, allies have removed Pride flags from their desk," Maltinsky said, describing the impact inside the Bureau. "We're not the enemy and we're not some political mob. We're proud members of the FBI, and we have a mission to do. We go to work every day to do it."

Christopher M. Mattei, Maltinsky's counsel and a partner at Koskoff, Koskoff & Bieder, PC, said Maltinsky's goal of becoming an FBI Special Agent was taken from him and that he is now pursuing legal remedies to protect constitutional rights. "This case is about far more than one man's career—it's about whether the government can punish Americans simply for saying who they are," Mattei said.

At a congressional hearing in September, Director Patel rejected allegations that he maintained an "enemies list" inside the Bureau and said personnel actions are based on merit, qualifications and the ability to uphold constitutional duties. "You fall short, you don't work there anymore," Patel testified.

Maltinsky's firing comes amid a broader wave of departures from the Justice Department and related agencies since Jan. 20, 2025. Justice Connection, an organization that supports former employees, reports that more than 5,000 people have left or been removed from the department this year. Those departures include agents and prosecutors who worked on the U.S. Capitol riot prosecutions and on special counsel investigations that were later closed.

Legal observers say the case will likely turn on two questions: whether the Pride flag display constitutes protected personal expression under First Amendment precedents for government employees, and whether the Bureau's characterization of the flag as "political signage" is a justified basis for termination. Maltinsky's filing asks the court to restore his job and to address the alleged retaliation.

"It's very sad that it's happening," Maltinsky said. "But part of this filing is that: I'm not intimidated. We're not intimidated. Diversity means so much to so many different people. There is no one definition that everyone will agree on. What I believe is diversity brings strength."