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Harassment First Amendment

Constangy, Brooks, Smith & Prophete, LLP

10 social media tips for employers and employees

Want to stay out of trouble? Read on! Did you know that this Sunday will be "Social Media Day"? Neither did I. But even after all this time, social media continues to get employees and employers in trouble. Here are six...more

BCLP

Department of Education Issues Dear Colleague Letter as Student Protests Continue

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Colleges and universities around the country have been dealing with increasingly violent and contentious student protests in recent months.  Many have had to deal with student, parent, faculty, donor, and public criticisms...more

Jackson Lewis P.C.

Department of Education Issues Guidance for Title VI Compliance in Response to Increased Complaints

Jackson Lewis P.C. on

In response to increases in discrimination complaints, the Department of Education Office of Civil Rights (OCR) issued a Dear Colleague Letter: Protecting Students from Discrimination, such as Harassment, Based on Race,...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 9, November 2023

The Accreditation Overhaul for North Carolina (and Florida) Colleges - Last month, North Carolina Governor Roy Cooper signed House Bill 8 (HB 8) into law. In addition to establishing a new computer science requirement for...more

Marshall Dennehey

Third Circuit Confirms Disciplinary Board’s Ability to Prohibit Harassment and Discrimination in the Practice of Law

Marshall Dennehey on

Greenberg v. Lehocky, ___ F.4th ___, 2023 WL 5539272 (3d Cir. Aug. 29, 2023) - The recent amendment to Pennsylvania Rule of Professional Conduct 8.4, prohibiting harassment and discrimination in the practice of law, remains...more

Kohrman Jackson & Krantz LLP

Students Beware: Schools Can Discipline Off-Campus Cyber-Harassment

THE SUPREME COURT’S 2021 DECISION IN MAHANOY AREA SCHOOL DISTRICT V. B.L. The Sixth Circuit’s first ruling on a First Amendment student speech issue since a landmark Supreme Court case in 2021 has arrived, marking the...more

Davis Wright Tremaine LLP

In Counterman v. Colorado, the Supreme Court Confirms the Vitality of New York Times v. Sullivan

The future appears bright (or at least brighter) for the Supreme Court's seminal decision New York Times v. Sullivan, 376 U.S. 254 (1964), after six Justices endorsed its core principles in a recent decision involving the...more

Kohrman Jackson & Krantz LLP

Supreme Court Rules in Favor of Online Harasser

Online threats and harassment pose a significant problem in today’s digital landscape. With the Internet’s global reach, the ease of publishing and posting content, and the potential for anonymity or lack of consequences,...more

Fox Rothschild LLP

The U.S. Supreme Court Creates a Problem it Sought to Solve

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With a few exceptions the Supreme Courts of the United States both in Washington and 50 state capitals are courts of “limited jurisdiction.” That is to say that they don’t hold trials and they essentially determine what cases...more

Venable LLP

Third Circuit Upholds Federal Cyberstalking Law

Venable LLP on

The United States Court of Appeals for the Third Circuit recently upheld the federal cyberstalking statute against a constitutional challenge. See United States v. Ho Ka Yung, 37 F.4th 70 (3d Cir. 2022). The Third Circuit...more

Ballard Spahr LLP

Third Circuit Upholds Federal Cyber-Stalking Statute Against Constitutional Challenge

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The Third Circuit recently issued an opinion upholding the federal cyber-stalking statute against a constitutional challenge in United States v. Ho Ka Yung. Yung was convicted of cyber-stalking after he instituted a campaign...more

Ballard Spahr LLP

Third Circuit Upholds Federal Cyberstalking Statute Against Constitutional Challenge

Ballard Spahr LLP on

Summary - The Third Circuit issued an opinion this week upholding the federal cyberstalking statute against a constitutional challenge in United States v. Ho Ka Yung. Ruling on a facial challenge that claimed that the...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: We’re All in This Together, but Landlords Are About to Take a Bath – SDNY Upholds Constitutionality of NYC’s...

As the COVID-19 pandemic unfolded upon New York City, policymakers grappled with impossible decisions regarding how to protect public health and stave off economic ruin for individuals, businesses and the economy at large....more

Seyfarth Shaw LLP

Recent Federal Court Decision Upholds the Constitutionality of NYC Pandemic-Related Legislation Affecting Commercial Leases

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The United States District Court for the Southern District of New York recently found that three laws enacted by the City of New York in response to the COVID-19 pandemic were constitutional, and dismissed a challenge to the...more

TNG Consulting

Can an Online Threat Trigger the Need for An Emergency Removal Under Title IX?

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It’s unlikely that online threats could be immediate threats to physical health or safety, unless the threatening individual is in close physical proximity to those being threatened, or the threat is pretty detailed and...more

Franczek P.C.

Do Virtual Sticks and Stones Also Break Bones? Addressing Cyberbullying Under Title IX

Franczek P.C. on

Cyberbullying is nothing new. A majority of teens have experienced the phenomenon and college campuses certainly are not immune. Just because something is common does not make it simple to deal with, however. And this is...more

Butler Snow LLP

First Amendment Protects Radio Station’s Criticism of NCAA Referee

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On Thursday, February 27, 2020, the Sixth Circuit affirmed dismissal of an NCAA referee’s lawsuit against a Kentucky radio station for allegedly inciting harassment against him and his roofing business through its coverage of...more

Franczek P.C.

Facts and Fiction: The Truth About the Trump Administration’s Executive Order on Anti-Semitism

Franczek P.C. on

On December 11, 2019, President Donald Trump signed an executive order declaring his administration’s commitment to enforcing federal racial anti-discrimination provisions against discrimination “rooted in anti-Semitism.”...more

Payne & Fears

Key California Employment Law Cases: June 2018

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This month’s key California employment law cases are from the California Supreme Court and from the California Court of Appeal. Janus v. American Fed’n of State, County, and Mun. Employees, Council 31, 138 S. Ct. 2448...more

Fox Rothschild LLP

The Supremes Clarify The Legal Definition Of Harassment When It Comes To “Purely Expressive Activity”

Fox Rothschild LLP on

The word “harassment” is one of those terms I hear all the time as a family law attorney. I have had complaints from clients that their spouse made a mess of the house just to “harass” them. Or, I have had adversaries who...more

Littler

Dear Littler: Can We Discipline An Employee Who "Took a Knee" During the Anthem?

Littler on

Dear Littler: I work for a prominent company in a small city here in the Hoosier State, and we are very involved in our local community. We sponsor a corporate softball team, and last night one of our team members “took a...more

Zelle  LLP

Employment Law Navigator – Week in Review: December 2016 #3

Zelle LLP on

Last week, the EEOC issued a publication on the rights of job applicants and employees with mental health conditions, along with a companion document addressing the mental health provider’s role in reasonable accommodations...more

McAfee & Taft

Lessons in dealing with an “equal opportunity” harasser

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A new opinion released by the Tenth Circuit provides practical tips to employers dealing with multiple employee complaints alleging generalized harassment and/or discrimination throughout the workplace....more

Robinson+Cole Data Privacy + Security Insider

North Carolina Cyberbullying statute struck down as unconstitutional

On February 9, 2012, Robert Bishop was arrested and charged with one count of cyberbullying under the North Carolina Cyberbullying statute, which states that it is “unlawful for any person to use a computer or computer...more

FordHarrison

Cooling hot political buttons

FordHarrison on

During every political campaign, I am reminded of the notion that if we speak about our co-workers or subordinates in the manner in which the American voter speaks about political candidates, we should expect some remediation...more

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