Political Expression

News & Analysis as of

Politics in the Workplace: What Must Employers Allow?

Everyone has experienced both "workplace politics," in which Type A employees claw their way to the top at the expense of co-workers, and "politics in the workplace," in which employees discuss candidates for office and...more

New IRS Notification Requirement for Certain 501(c)(4)s

The IRS published temporary proposed regulations on July 12, 2016 that will impact all 501(c)(4) social welfare organizations formed after July 8, 2016. The proposed regulations will also impact many existing 501(c)(4)...more

Supreme Court Extends Public Sector Employees' First Amendment Rights

A public sector employee may now have a First Amendment and 42 U.S.C. § 1983 claim even where the public sector employee has not engaged in protected First Amendment political activity. This may be the case if a public...more

Cooling hot political buttons

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

Uber hit with class action case for sending political texts to customers

Uber Technologies, Inc. was hit with another class action lawsuit last week for allegedly violating the Telephone Consumer Protection Act (TCPA) when it sent text messages to its customers without prior written consent....more

Misread Signs: U.S. Supreme Court Finds Employer’s Mistaken Belief about Employee Supports Retaliation Claim

Is it still retaliation if your boss fired you for something you didn’t actually do? In Heffernan v. City of Paterson, New Jersey, the U.S. Supreme Court said yes—your boss’s mistake does not get him off the hook for the...more

Demotion Based on Mistaken Belief Deprives Public Employee of Constitutional Rights

U.S. Supreme Court Decision in Case Involving Political Campaigning Accusations - A government agency violated the constitutional rights of an employee who was demoted based on the mistaken belief that he violated the...more

But I Didn’t Mean To! U.S. Supreme Court Says Employer Intentions Govern in First Amendment Retaliation Case

For government employers, disciplining and terminating employees can be especially difficult. Not only does the public employer face the same challenges in complying with the standard alphabet soup of employment laws that...more

Public Employer May Not Retaliate Against Employee Based on Perception that He Engaged in Political Activity

On Tuesday the U.S. Supreme Court held that a public employee could sue his employer for retaliation where the employer demoted him for engaging in constitutionally-protected political activity, even though the employer was...more

Supreme Court: Government Employer’s Incorrect Belief About Employee’s Activity Matters in First Amendment Analysis

A government employer can violate an employee’s constitutional rights by acting based on incorrect information that, if true, would violate the U.S. Constitution, even though the employee was not actually exercising his or...more

Schilling Firing: Can You Fire An Employee for What They Say on Social Media?

This week ESPN fired pitcher-turned-broadcaster Kurt Schilling for an allegedly offensive tweet about the recently passed law in North Carolina requiring persons to use the restroom associated with the sex of their birth. As...more

Don’t Let Politics Disrupt Your Workplace

I recently wrote an article for the Houston Business Journal on this subject, which can be found here. With the 2016 election campaign already going strong, now is a good time to review company policies in this area to...more

Politics – The Invisible Force Behind China Artist and Art Market

After a period of significant growth from 2009 to 2014, the Chinese art market has experienced a drastic decline in the first half of 2015 with reports that the fine art auction turnover contracted at 30% less than the 2014...more

Yes We CAN (talk about politics in the workplace)

With less than 14 months to go until the 2016 election, news about debates, political faux pas, and myriad guarantees are becoming more and more entrenched in our lives. Which, coincidentally, brings about the oh so common...more

Citizens United and the Surge of Political Non-Profits

It has been five years since the U.S. Supreme Court decided Citizens United v. FEC. When the Supreme Court first decided the case, which allows individuals, corporations and special interest groups to spend unlimited...more

Free Speech: Paris Mayor Off-Message by Threatening Fox News Suit

The scene of the Charlie Hebdo attacks in Paris ten days later. I returned from Paris on Tuesday after a short vacation.  As a bit of a news junky, it was admittedly an exciting time to be there.  When I arrived on Friday, we...more

Alert: Pro-ISIS Hackers Targeting Media Outlets

Recent widely publicized cyberattacks have made clear that nation-state hackers are now hacking companies for political purposes and they appear to be focused on broadcasters and other media companies....more

Political Speech and Activity in the Workplace: The 2014 Midterms are Here

Election season can be a heated time. In many contexts, this can mean arguments with friends, family, and acquaintances. It can also mean added tension and disagreement in the workplace. In some cases, employers may seek...more

Pick Your Passion: State’s Trademark May Be Used To Criticize Its Governor

In Dardenne v. MoveOn.org, the Middle Louisiana Federal District Court faced a conflict between trademark protection, on the one hand, and the First Amendment’s protection of political advocacy, on the other. The Court...more

Can An Employer Force Out An Employee For Unpopular Political Views: The Brendan Eich Story

Brendan Eich resigned his post as CEO of Mozilla, a California-based company, in early April after just 14 days on the job. The reason for his sudden departure and short tenure? It became public that in 2008, Eich...more

Can The Political Concerns Of Corporate Officers Be Of Any Concern Of The Corporation?

Suppose a corporation’s Chief Executive Officer becomes involved in a particularly abhorent (but legal) political movement. Suppose further that the Board of Directors is concerned that the corporation’s stockholders,...more

Will "Get Out the Vote" Drives and Non-Profit Voter Guides Be Treated as Regulated Political Activity?

In late November, the Treasury Department and the Internal Revenue Service (“IRS”) released a Notice of Proposed Rulemaking related to the regulation of political activity by social welfare organizations, commonly known as...more

Public Employees’ Facebook “Like” Is The Internet Equivalent Of A Political Yard Sign

The courts are taking steps to protect communications made via social media; e.g., Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305 (D.N.J. Aug 20, 2013) (holding that private Facebook posts are protected...more

Religious Institutions Update: October 2013

The legitimacy of political speech from the pulpit is much debated. Some contend that religious institutions should be silent, because of separation of church and state or the inaccessibility of divine inspiration to...more

House Elections Committee to Consider Campaign Finance Legislation

The Campaign Finance Policy and Technical Bill (H.F. 863 / S.F. 661) will be heard by the House Committee on Elections on March 7. The bill is an initiative of the Minnesota Campaign Finance and Public Disclosure Board...more

28 Results
|
View per page
Page: of 2
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×