News & Analysis as of

Protests First Amendment

DRI

From Protest to Arrest: Navigating First Amendment Retaliatory Arrest Claims

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Protest and political activism are deeply ingrained in American culture, boasting a storied history of citizens mobilizing to advocate for change and to challenge injustices. From the Boston Tea Party during the colonial era...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

Fisher Phillips

Handling Campus Protests: Key Points for Colleges and Universities to Consider and 7 Tips for Your Protest Policy

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As protests erupt across college campuses, educational institutions are grappling with how to handle escalating situations and balance important interests like free speech and student safety. Colleges and universities are...more

McManis Faulkner

Is A Public Demonstration Which Blocks Traffic Protected Symbolic Speech? California’s Assembly Bill 2742 Proposes to Fine...

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Almost nothing is more vital to our way of life than the exercise of our right to free speech, protected by the First Amendment of the United States Constitution. However, that right is not unlimited and it must yield to...more

Sands Anderson PC

Protecting Protests on Private Campuses

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After criticism of her testimony before Congress on antisemitism on college campuses, the President of the University of Pennsylvania, Liz Magill, resigned. And, at Pomona College, authorities arrested a professor who...more

Spilman Thomas & Battle, PLLC

Protestors, the First Amendment, and Higher Education - The Line Between Free Speech and School Interests

Protests on college campuses are a common occurrence and often provide opportunities for students and other members of the community to express their opinions and concerns. It is essential for colleges and universities to...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employee Activism, Safety, and Support Amid Difficult Issues

Recent social and political controversies, such as rulings from the Supreme Court of the United States, international conflicts, and mass shootings, are likely to cause more employees to voice their opinions and frustrations...more

Jenner & Block

Amicus Brief Urges Ohio Supreme Court to Hear Appeal in High-Profile Case about First Amendment Protections

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Jenner & Block filed an amicus brief on behalf of the NAACP and the Ohio State Chapter of the NAACP urging the Ohio Supreme Court to hear Oberlin College’s appeal in Gibson Bros, Inc., et al., v. Oberlin. Oberlin is...more

Obermayer Rebmann Maxwell & Hippel LLP

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

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

Hogan Lovells

Coronavirus: The Hill and the Headlines, January 2021 # 3

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In the Capitol: The U.S. Capitol was engulfed in chaos on Wednesday, as supporters of President Trump, responding to his call to head there, breached the complex, resulting in violence in the seat of America's federal...more

Gray Reed

Dereliction of Duty: Can Local Governments Be Liable for Not Protecting Property from Protestors?

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Eager to spark the socialist revolution, left-wing activists seized Ramsett Park and the surrounding area and declared an independent autonomous community dedicated to social and economic justice. While that hypothetical...more

Dorsey & Whitney LLP

The Supreme Court - November 2, 2020

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Mckesson v. Doe, No. 19-1108: The plaintiff-respondent in this case is a police officer who suffered devastating injuries after being struck by a rock-like object during a protest in Baton Rouge, Louisiana. The protest...more

Seyfarth Shaw LLP

Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

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Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more

Morgan Lewis - ML Benefits

Legal Support for Protesting Employees: ERISA Considerations

Amid the current climate of individuals engaging in protests for racial justice and other causes, some employers are looking for ways to help employees arrested in connection with exercising their first amendment rights to...more

Miles & Stockbridge P.C.

When Twitter Fingers Cross a Line: An Employer’s Guide to Navigating Offensive Off-Duty Employee Conduct

You don’t need a legal blog to tell you that the country is in a state of extreme unrest regarding the killings of George Floyd, Ahmaud Arbery, Breonna Taylor and so many other Black people, at the hands of police and in...more

Parker Poe Adams & Bernstein LLP

Employers React to Employee Social Media Posts Over Nationwide Protests

As widespread protests against police use of force continue nationwide, a number of employers have received complaints that employee social media comments on the protests include racist content. Employers naturally hesitate...more

Womble Bond Dickinson

Surveillance Society Meets Political Protest

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You are being watched. And in these trying times of COVID-19 and major political protests, surveillance matters. It seems everyone is making judgments about whether we protect ourselves or society when we leave the...more

Dentons

Exercising Free Speech Through Social Media and Assembly While Also Protecting Your Immigration Plans

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Living in a society plagued by racism and injustice, many people across the world have taken to social media and their communities, protesting to voice their opinions of violence and injustices being committed.  Although...more

Foley Hoag LLP - Global Business and Human...

Trump Administration's Proposed Prosecution of Pipeline Opponents: Weighing Human Rights Obligations and Congressional Support

The Trump Administration is using the reauthorization of a pipeline safety statute as an opening to insert new provisions that would give U.S. authorities broader latitude to thwart and criminalize the activities of...more

Jackson Walker

Is the Threat of Violence and Discord Killing Free Speech?

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Two years ago, I wrote that concerns over campus protests on issues of free speech were not a “manufactured crisis” but rather an increasing threat to free speech and the physical safety of students and speakers alike. The...more

Jackson Lewis P.C.

Scabby The Rat: Threatening Pest Or Famous Labor Icon?

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Employers have at least one way to rid themselves of Scabby the Rat, a staple of labor union protest, following a decision from a federal appeals court upholding an ordinance enacted by the Town of Grand Chute, Wisconsin,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is Scabby the Rat Headed for a Deflating Experience?

Construction employers and general contractors are all too familiar with Scabby the Rat. The inflatable rat - appearing in sizes of up to a reported 30 feet tall - has infested construction job sites as part of trade union...more

Proskauer - Law and the Workplace

[Podcast]: Can-My-Employees Participate in Political Activities?

In this episode of the “Can My Employees Do That?” series, partner Elise Bloom and associate Michelle Gyves discuss whether employers can lawfully limit an employee’s participation in political activities, protests, and...more

Jackson Walker

The First Amendment and the Struggle for Black Equality

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In 1976, President Gerald Ford officially recognized February as Black History Month. Many around the nation celebrate this annual occasion by highlighting the achievements of the civil rights movement. But there was a time...more

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