John Doran

Sherman & Howard L.L.C.

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Latest Posts › First Amendment

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Court's Bench-slap of NLRB Whipsaws Employers, Unions, Arbitration, & Even the First Amendment

The Eleventh Circuit Court of Appeals recently issued a decision that is highly critical of the NLRB, yet its end result promises significant mischief when it comes to employment litigation. International Brotherhood of...more

5/15/2023 / Arbitration Agreements , Employment Litigation , Equal Employment Opportunity Commission (EEOC) , First Amendment , NLRA , NLRB , SCOTUS , Title VII , Unions

New SCOTUS Case Augurs Toward More Prayer in Public Employment Settings

The U.S. Supreme Court issued a blockbuster school prayer decision Monday in Kennedy v. Bremerton School District. The case involved a public high school football coach who was fired for praying on the field after each game,...more

6/29/2022 / First Amendment , Free Speech , Kennedy v. Bremerton School District , Public Employers , Religious Displays , Religious Expression , SCOTUS , Termination

Radical Shift Coming In Public Sector Agency Fees

On Monday, the Supreme Court took a swipe at public sector compulsory unionism. In doing so, the Court took a slice out of decades of Supreme Court jurisprudence and suggested a future re-thinking of agency fees in the public...more

7/2/2014 / Collective Bargaining , First Amendment , Harris v Quinn , Healthcare , Medicaid , Public Employees , Right to Work , SCOTUS , Union Dues , Unions

Supremes Rule That Trial Speech is Protected Speech

Last week the U.S. Supreme Court issued an important decision affecting public employers and employee First Amendment rights to free speech. Lane v. Franks et al., No. 13-483 (U.S. June 19, 2014). Central Alabama Community...more

6/26/2014 / First Amendment , Lane v Franks et.al , Protected Activity , Public Employees , Retaliation , SCOTUS , Subpoenas , Testimony , Trials

Supremes Rule That Trial Speech is Protected Speech – Part 1

This morning the U.S. Supreme Court issued an important decision affecting public employers and employee First Amendment rights to free speech. Lane v. Franks et al., No. 13-483 (U.S. June 19, 2014) Central Alabama Community...more

6/20/2014 / Employee Rights , Employer Liability Issues , First Amendment , Lane v Franks et.al , Public Employees , Public Employers , SCOTUS , Testimony , Trials

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