News & Analysis as of

Public Employees First Amendment

DRI

Public Employees, Private Social Media Accounts, and the First Amendment: How Much did Lindke v. Freed Decide?

DRI on

Few people would call “social media” or “Supreme Court decisions” sources of national unity. That perception makes it ironic that, earlier this year, a case about social media managed to unify the Supreme Court....more

Bricker Graydon LLP

The Latest on Ballot Issues: HB 140 and AOS Campaign Guidance

Bricker Graydon LLP on

While Ohio municipalities generally do not rely on voted ad valorem property taxes as a primary source of funding, such taxes can serve as a useful part of a municipality’s revenue base, and state law, principally in Ohio...more

Bond Schoeneck & King PLLC

The De-Evolution of Post-Garcetti Public Employee Speech Regulation in Higher Education

In 2006, the Supreme Court’s decision in Garcetti v. Ceballos granted public employers’ broad discretion in regulating their employees’ work-related speech. Before 2006, under the so-called Pickering Connick test, employees...more

Tucker Arensberg, P.C.

Court Rules That Inflammatory Social Media Posts by a Public Employee Are Not Protected by the First Amendment

Vallecorsa v. Allegheny Cty., No. 2:19-CV-1495-NR, 2022 U.S. Dist. LEXIS 206720, at *2 (W.D. Pa. Nov. 15, 2022). United States District Court for the Western District of Pennsylvania holds that Allegheny County (“County”) did...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Playing Hooky And Cleanup Costs

This week, the Court considers a public employee’s claimed First Amendment right to speak about an investigation into his misconduct, and whether a prior action for contribution under the Comprehensive Environmental Response,...more

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

Tucker Arensberg, P.C.

High School Football Coach’s Mid-Field, Post-Game Prayer Ruled Protected Speech

Tucker Arensberg, P.C. on

​​​​​​​Kennedy v. Bremerton School District, 597 U.S. __ (2022) (The United States Supreme Court concludes that a coach praying at mid-field following a high school football game was engaged in private religious expression...more

Best Best & Krieger LLP

SCOTUS Term Includes Back-to-School Guidance on Balancing Free Exercise and Establishment Clauses

Employers Should Reevaluate Policies on Religious Expression at Work in Light of Kennedy v. Bremerton School District and Carson v. Makin - With the commencement of school, public youth programs and 2022-23 budget cycles,...more

Hinshaw & Culbertson - Employment Law...

Sixth Circuit Decision In Police Officer Termination Case Offers Valuable Insights for Public Employers in Addressing Complaints...

Public employers have interests that differ from private employers. While both types of employers seek to increase their revenues, public employers have additional concerns that can take priority over short-term budgetary...more

Fox Rothschild LLP

Clear as Mud: Navigating In-School Employee Expression in the Wake of Kennedy v. Bremerton School District

Fox Rothschild LLP on

The Supreme Court ruled in Kennedy v. Bremerton School District on June 27, 2022 that a public high school violated the Constitution by restricting a football coach from engaging in “personal” but overt post-game, mid-field...more

Polsinelli

Supreme Court Issues Opinion on Religious Expression for Public Employees

Polsinelli on

The Supreme Court addressed the intersection of the First Amendment’s Establishment and Free Speech clauses as they relate to a public employee’s personal religious expression when done in the public eye. In a 6-to-3...more

Miller Nash LLP

Offsides: Supreme Court’s Ruling Against School District Requires a Restart When Thinking About Religion in the Workplace

Miller Nash LLP on

The widely reported Supreme Court case Kennedy v. Bremerton School District, No. 21-418 (S. Ct. June 27, 2022) warrants all the attention it has been getting. The Court’s penalty flag against the local Washington school...more

Ballard Spahr LLP

Supreme Court Alters First Amendment Test In Decision Allowing High School Coach to Pray After Games

Ballard Spahr LLP on

Joseph Kennedy coached football at Bremerton High School, a public school in Washington State. After football games, Kennedy led prayers at the 50-yard line among players, coaches, fans, and, sometimes, politicians. The...more

Franczek P.C.

Supreme Court rules in favor of football coach who prayed on field after games

Franczek P.C. on

On Monday June 27, the Supreme Court issued their ruling in the case Kennedy v. Bremerton School District. (We previously reported on this case.) In a 6-3 decision penned by Justice Neil Gorsuch, the conservative majority...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Kennedy v. Bremerton School District

On June 27, 2022, the U.S. Supreme Court decided Kennedy v. Bremerton School District, No. 21-418, holding that a football coach’s quiet prayers of thanks after three football games were protected under the Free Exercise and...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Sacred Land and Municipal Good Faith

This week, the Ninth Circuit addresses a religion-based challenge to a federal-government land transfer and considers whether public-sector employees can obtain refunds of mandatory union fees since deemed unconstitutional. ...more

Franczek P.C.

Supreme Court to decide case of football coach placed on leave for post-game prayers

Franczek P.C. on

On April 25, the Supreme Court heard oral arguments in the case Kennedy v. Bremerton School District, which we previously reported on. As you may recall, the case involves a high school football coach, Joseph Kennedy, who was...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Credit Reports and Public Unions

This week, the Ninth Circuit addresses the standards for liability under the Fair Credit Reporting Act and rebuffs a pre-enforcement First Amendment challenge to a state law concerning public unions. GABRIEL MORAN V. THE...more

Franczek P.C.

Supreme Court Agrees to Hear Case of Former Football Coach Who Prayed on the Field after School District Told Him No

Franczek P.C. on

In 2019, we reported on the case of Kennedy v. Bremerton School District involving a football coach at Bremerton High School in Washington state who was placed on administrative leave by his public school district for praying...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

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

Sixth Circuit Backs Termination of Public Employee for Racially Derogatory Social Media Post on 2016 Presidential Election

On October 6, 2020, in Bennett v. Metropolitan Government of Nashville, No. 19-5818, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s decision in favor of a public employee who claimed that the city...more

Roetzel & Andress

Public Employee Loses First Amendment Retaliation Claim After Publicly Posting A Racial Slur On Facebook That Caused Sufficient...

Roetzel & Andress on

The Sixth Circuit Court of Appeals, in Bennett v. Metro. Gov’t of Nashville, recently addressed the issue of whether a public employee’s use of a racial slur when discussing politics on Facebook is sufficiently protected by...more

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

Sixth Circuit Considers Public Employee’s Off-the-Clock Social Media Post in First Amendment Case

On August 19, 2020, in Marquardt v. Carlton, et al., No. 19-4223, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment for the City of Cleveland on a former employee’s claim that the city had terminated...more

Tucker Arensberg, P.C.

Public Employee’s Social Media Post Justifies Discharge

Tucker Arensberg, P.C. on

Carr v. PennDOT, 2020 WL 2532232 (Pa. 2020) (Pennsylvania Supreme Court sustains the termination of employment of a public employee for a social media post). Background - The Pennsylvania Department of Transportation...more

Proskauer - California Employment Law

California’s Latest Gift to the Public Employee Unions is Challenged in Federal Court

On Tuesday, seven elected officials from various local government bodies challenged a recently enacted California state law that prohibits a public employer from “deter[ing] or discourag[ing] public employees from becoming or...more

120 Results
 / 
View per page
Page: of 5

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