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Free Speech › Public Employers

Bricker Graydon LLP

Sixth Circuit rules officers have no first amendment right to record interviews during police misconduct investigations

Bricker Graydon LLP on

Technology. It is the proverbial blessing and curse that has resulted in an increasing amount of litigation in the courts. One such lawsuit presented the issue of whether the First Amendment provides police officers and their...more

Sherman & Howard L.L.C.

New SCOTUS Case Augurs Toward More Prayer in Public Employment Settings

Sherman & Howard L.L.C. on

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

Bradley Arant Boult Cummings LLP

Absolute Freedom to Tweet? Employers (and the NLRA) May Have Something to Say About It

Bradley Arant Boult Cummings LLP on

Do you need a social media policy or are the legal obstacles just too much? Now more than ever, people are exercising their First Amendment right to free speech, which, not surprisingly, can cause heartburn at the workplace....more

Obermayer Rebmann Maxwell & Hippel LLP

Political Speech in the Workplace: Navigating a Rocky Political Climate in a Private Workplace

Obermayer Rebmann Maxwell & Hippel LLP on

Recent events in Washington D.C. and elsewhere have heightened tensions across the United States and led to renewed questions from employees and employers regarding how to respond to political speech inside (and outside) the...more

McAfee & Taft

Setting the record straight on “free speech” rights in the workplace

McAfee & Taft on

Freedom of Speech. Most Americans seem to agree it is the most fundamental of rights guaranteed under the Bill of Rights, and many are quick to cite their First Amendment protections whenever faced with unpleasant...more

Fisher Phillips

Off-Duty Facebook Post Grounds For Termination Of Public Employee, Pennsylvania Supreme Court Rules

Fisher Phillips on

(Public) employers rejoice! In a unanimous decision, the Pennsylvania Supreme Court just ruled that PennDOT did not violate an ex-employee’s free speech rights by firing her over a Facebook rant in which the ex-employee said...more

McNees Wallace & Nurick LLC

Court Holds Union Membership ‘Worthy of Constitutional Protection’

McNees Wallace & Nurick LLC on

The Third Circuit Court of Appeals, the appeals court that has jurisdiction over federal cases in Pennsylvania, New Jersey, Delaware and the U. S. Virgin Islands, recently held that a public employer violates the First...more

Littler

Ninth Circuit Holds Section 1983 First Amendment Retaliation Claim Not Necessarily Precluded By Age Discrimination in Employment...

Littler on

On August 5, 2016, the U.S Court of Appeals for the Ninth Circuit held that the Age Discrimination in Employment Act (ADEA) does not preclude a First Amendment retaliation claim under section 1983 of the federal Civil Rights...more

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