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First Amendment

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Mintz

Texas Sued By Environmental Group For Anti-ESG Law

Mintz on

On September 1, 2021, the State of Texas enacted a law (SB 13) that constitutes one of the most far-reaching anti-ESG laws among the various states. It bars state institutions from investing in companies that “boycott”...more

Patterson Belknap Webb & Tyler LLP

Fearless Fund Settles: Settlement Will Shape Law on Race-Based Grantmaking in Eleventh Circuit While Leaving Issue Unresolved...

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Over the last year, we have monitored a lawsuit in Georgia that alleged a hedge fund (“Fearless Fund”) violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in contracting—by operating a grant contest...more

Constangy, Brooks, Smith & Prophete, LLP

Miss Mannerly's five tips for political peace in the workplace

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Election Day is almost upon us, Gentle Reader. Behave! Dear Miss Mannerly: My employees have strong political views, and since the Presidential debate the other night, they are out of control. They are split about evenly...more

Fisher Phillips

Election Season in the Workplace: Employers’ Essential FAQs for 2024

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The election season promises to be turbulent, and your workplace will not be immune from the challenges that are sure to face us. What do you need to know about your rights and responsibilities as an employer now that the...more

Dunlap Bennett & Ludwig PLLC

U.S. Copyright Office Calls For A New Digital Replica Law

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In today’s digital age, artificial intelligence (AI) has rapidly advanced, bringing with it unprecedented opportunities — and challenges. One of the most pressing issues is the rise of AI-generated digital replicas, commonly...more

Davis Wright Tremaine LLP

Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

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Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film,...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024

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Illinois Attorney General Kwame Raoul announced that Illinois has joined an $82.5 million proposed antitrust settlement with Varsity Brands (Varsity). As a result, Illinois consumers who paid to participate in Varsity Brands’...more

Littler

Politics in the Workplace and the Risks of Social Media

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In 2017, former Supreme Court Justice Anthony Kennedy noted in Packingham v. North Carolina that the most important place for the exchange of ideas is no longer the physical town square but cyberspace and, in particular,...more

McDermott Will & Emery

Rebel Libertarians Aren’t at Liberty to Violate Lanham Act

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In a case that required the US Court of Appeals for the Sixth Circuit to articulate the boundary between the Lanham Act and the First Amendment when the trademark in question is the name of a political party, the Court found...more

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

California Legislature Sends Governor Bill Prohibiting Employer ‘Captive Audience’ Meetings

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On August 31, 2024, the California Legislature passed the California Worker Freedom from Employer Intimidation Act, Senate Bill (SB) No. 399. The bill heads to Governor Gavin Newsom, who has until September 30, 2024, to sign...more

Cooley LLP

Are you ready for anti-anti-ESG?

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You all remember the reams of anti-ESG bills that poured out of some of the states, not to mention the U.S. House? According to Reuters, some “states have unleashed a policy push to punish Wall Street for taking stances on...more

Mintz - Employment Viewpoints

Practical Policies for Politics: Some Guidelines for Managing Political Conflict in the Workplace

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Political conflicts in the workplace will only grow as we near election day, and this means human resources professionals and in house counsel need to hone their conflict resolution skills.  Resolving political conflict in...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - August 2024 #4

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Floyd Mayweather finds himself deep into a lawsuit, as fraud and theft claims have been put against his name. The American boxer and rapper Tyga are now part of a suit by Leonard Sulaymanov, who has alleged the non-payment of...more

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

Laid-Off Workers Gain Influence on Social Media, Raising Concerns for Employers

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Waves of mass layoffs during the past two years have generated a new trend: layoff influencers who use social media to vent feelings, get assistance with a job search, and find community with other laid-off workers. This...more

Cranfill Sumner LLP

Defamation and Reputation Management in the Digital Age

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Defamation is the act of communicating false statements about a person that injures their reputation. Legal protections for a person’s reputation go back to common law and were well developed over the past two centuries....more

Troutman Pepper

Industry Urges SCOTUS to Consider FDA Graphic Cigarette Warnings

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In August, a group of tobacco companies filed a petition for certiorari at the U.S. Supreme Court, seeking review of a lower court’s holding that the First Amendment does not prohibit the U.S. Food and Drug Administration...more

McAfee & Taft

Talking politics: Is political speech in the workplace legally protected?

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With another presidential election only a few months away, escaping coverage and conversations about candidates and campaigns seems nearly impossible. While there is nothing new about political coverage increasing during an...more

White and Williams LLP

Talking Politics Can Lead to Employer Liability

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This episode of The Employment Law Counselor Hosted by Jeff Stewart in collaboration with the Professional Liability Underwriting Society (PLUS), features guest John Baker, Director of Labor Relations, Del Lago Resort and...more

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

Fenwick & West LLP

SEC Files Brief in Support of Climate Disclosure Rules

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On August 6, the SEC filed its much-anticipated legal brief in the Eighth Circuit Court of Appeals supporting its controversial Climate Rules and responding to the arguments laid out in petitioners’ consolidated petitions for...more

Husch Blackwell LLP

Ninth Circuit Issues Opinion on Constitutionality of California’s AADC

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Keypoint: The appellate court ruled that the California Age-Appropriate Design Code Act’s impact assessment provision is unconstitutional and remanded the case back to the trial court to consider the constitutionality of the...more

Blank Rome LLP

Maryland’s Digital Advertising Tax Survives First Amendment Challenge (For Now)

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On July 3, 2024, the U.S. District Court for the District of Maryland dismissed a First Amendment challenge to Maryland’s Digital Advertising Gross Revenues Tax (the “Tax”) holding that while a provision in the Tax scheme...more

Cozen O'Connor

Washington Court Deems Posting of IME Videos on Social Media Free Speech

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In Ten Injured Workers v. State of Washington, et al. (Ten Workers), the Washington Court of Appeals recently overturned a provision of RCW 51.36.070, which prohibited injured workers from posting video recordings of their...more

Kilpatrick

Illinois Passes Law Limiting 'Captive Audience' Meetings

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On July 31, 2024, Illinois Governor J.B. Pritzker signed Senate Bill 3649, the “Worker Freedom of Speech Act,” (the “Act”) which prohibits employers from using “captive audience” meetings with employees to discuss an...more

McDermott Will & Emery

Digital Rights, Digital Wrongs: The DMCA Lives On

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The US Court of Appeals for the District of Columbia affirmed that the Digital Millennium Copyright Act’s (DMCA) laws against bypassing digital locks and distributing circumvention tools are designed to prevent piracy and are...more

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