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Public Forum

Data Scraping, Bots and First Amendment Rights

by Patrick Law Group, LLC on

A recent case involving a small workforce analytics startup fighting for its right to extract data from the largest professional networking site on the Internet may set a precedent for applying constitutional principles to...more

Stumbling “Blocks”: When Is Social Media Moderation a First Amendment Violation?

As we previously discussed in our post “The ‘Commander-in-Tweet’ and the First Amendment,” the POTUS was criticized by the Knight First Amendment Institute for blocking certain Twitter users from his @realDonaldTrump account....more

Federal Court rules that Elected Official Violated First Amendment when Banning Commenter on the Official’s Public Facebook Page

by Tucker Arensberg, P.C. on

The District Court for the Eastern District of Virginia issued a recent decision that that should remind public officials and employees that if they have social media websites (Facebook, Twitter, etc.), the websites may be...more

Use Caution when Monitoring Comments on Your School’s Social Media Page

by Franczek Radelet P.C. on

Public schools should be cautious as to how they moderate access to and comments on their social media profiles. In Packingham v. North Carolina, the Supreme Court recently recognized that the Internet, and particularly...more

Not NORML: Blunt Speech in Gerlich v. Leath

A recent decision by the United States Court of Appeals for the Eighth Circuit serves as a cautionary reminder that once an educational institution creates a limited public forum for speech, it cannot then pick and choose...more

The “Commander-in-Tweet” and the First Amendment

Can you violate the First Amendment by blocking people from your Twitter account? According to the Knight First Amendment Institute, it’s possible if that account is @realDonaldTrump. As we have mentioned before, Donald...more

This Painting is My Speech, This Painting is Your Speech—Government Scores a Win in Capitol Painting Controversy

by Sullivan & Worcester on

A controversial painting removed from display at the U.S. Capitol will not be returning to display after the U.S. District Court denied a request for an injunction before the exhibition in question came to an end. While the...more

The Trump Administration Retweets and Retreats

by Jackson Walker on

Perhaps now more than ever before, Twitter takes center stage for social and public discourse. Many have wryly commented that we elected a “Tweeter-in-Chief” with President Trump, due to his prolific tweeting about...more

Battle Over Controversial Student Art in U.S. Capitol Lands in Court—First Amendment in Focus Again

by Sullivan & Worcester on

For several weeks earlier this year, an odd battle was waged in the halls of the U.S. Capitol over a controversial work of art by a high school student placed there after an art competition in St. Louis. At issue is whether...more

Foreign Officials, Defamation Claims and the DC anti-SLAPP Statute

by LeClairRyan on

First was the lawsuit filed by Yasser Abbas, the son of the Palestinian President, against Foreign Policy Group and one of its reporters, alleging that they defamed him by asking whether he was profiting from his father’s...more

Exhibition Interference Shows That Public Institutions Still Struggle with First Amendment

by Sullivan & Worcester on

Use of Confederate Flag in California Painting and Klan Imagery in Massachusetts Leads to Removal of Controversial Works - Two recent interventions by public authorities to remove controversial works of art underscore...more

Trade & Manufacturing - October 2016

by King & Spalding on

What the Next President Should Do About U.S. Manufacturing - Top industry executives, political leaders, small business and trade union leaders, researchers and policymakers are offering a blueprint for maintaining the...more

Trade & Manufacturing - News of Note - October 2016

by King & Spalding on

The WTO Opens Its Doors for the 15th Annual Public Forum - For the fifteenth time, the World Trade Organization (WTO) hosted its annual Public Forum in Geneva to provide a platform for an exchange of views among...more

Seventh Circuit Cuts Through First Amendment Forum Jargon and Issues Robust Defense of Free Expression

by Foley & Lardner LLP on

Like many cities across the country, Fort Wayne, Indiana raises money through advertisements that it sells on the inside and outside of the buses it operates. And like many cities, Fort Wayne has a number of regulations on...more

Don’t Worry, Be (Un)Happy: Does U.S. Labor Law Protect a Worker’s Right to a Bad Attitude?

A few months ago, we noted that a Yelp employee’s online “negative review” of her employer might be protected activity under the National Labor Relations Act (NLRA), given that the National Relations Labor Board (NLRB) has...more

School Restriction on Decorating Graduation Cap Upheld

by Shipman & Goodwin LLP on

It is graduation season and issues concerning graduation conduct and dress come to the forefront during this time of the year. A recent decision by the United States District Court for the Northern District of Oklahoma...more

Don’t Shoot the Messenger—Student Art Removed, First Amendment Notwithstanding

by Sullivan & Worcester on

Last fall we had occasion to address the extent to which public displays of art and attempts at controlling the content of them can run afoul of the First Amendment. In that case, public outrage at artwork submitted by...more

Beware the Facebook Settlement Disclosure

by Cozen O'Connor on

We continue to toe the line between privacy rights and social media activity. Typically, though, it’s the employee looking to protect the privacy principle. Not this time. In the context of settlement agreements in employment...more

Take Your Damn Free Speech Elsewhere: T Public Property Not a Legal Public Forum

by PretiFlaherty on

The MBTA, we learned this week, is reworking its already strict guidelines for advertising on T property. Metro Boston’s transit system wants to prohibit “ads concerning political issues or matters of public debate,”...more

SEC To Hold Forum on Small Business Capital Formation in November

by Katten Muchin Rosenman LLP on

On October 21, the Securities and Exchange Commission announced that it will hold its annual Government-Business Forum on Small Business Capital Formation on November 19 at its Washington, DC headquarters. The forum will...more

CAS Legal Mailbag Question of the Week – 10/16/15

by Shipman & Goodwin LLP on

At my school, we like to treat everyone like family. Over the years, we have been more than happy to help publicize various events and causes for members of our school “family.” Whenever a parent or other community member has...more

Federal Appeals Court Questions State Senator's Order to Remove a Dissident from the Senate Building

by Best Best & Krieger LLP on

Removal Order Could Have Violated the First Amendment - Salvador Reza, a member of a community group focused on protecting migrant workers, attended an Arizona Senate session during a legislative hearing on a...more

Location, Location, Location: The Property Underneath the Feet of Speakers Matters When Determining Whether A Public Institution...

Benjamin Bloedorn is an itinerant preacher who travels from college campus to college campus, loudly proclaiming his evangelical message for hours on end to anyone within earshot. In March 2008 he arrived at Georgia Southern...more

Consistency in Policy Application Critical for Employers

by Shipman & Goodwin LLP on

As I talked in yesterday’s post, I moderated a community forum on Religion and the Workplace at my firm. We had a terrific crowd and I’m grateful to all the speakers for making time out of their busy days to come. ...more

County's Decision to Reject Controversial Ad Did Not Violate the First Amendment

by Best Best & Krieger LLP on

Rejecting a First Amendment challenge, a county can choose to not run an advertisement on its own bus system if it might cause vandalism and violence, the Ninth Circuit U.S. Court of Appeals held this week. The court...more

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