News & Analysis as of September 18, 2024

First Amendment › Political Expression

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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 -

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

Fisher Phillips on 9/12/2024

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

Politics in the Workplace and the Risks of Social Media

Littler on 9/11/2024

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

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

Mintz - Employment Viewpoints on 9/5/2024

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

Talking Politics Can Lead to Employer Liability

White and Williams LLP on 8/26/2024

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

From Protest to Arrest: Navigating First Amendment Retaliatory Arrest Claims

DRI on 8/26/2024

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

2024 Election – Can It Be A Hot Topic In Your Workplace?

Robinson+Cole Manufacturing Law Blog on 7/25/2024

With the 2024 election fast approaching, and political news exploding, manufacturers are asking an important question: What is the role of political bobbleheads, pins, stickers, and discussions in the workplace?...more

Political Activity Policies: Keeping Calm on Campus During the 2024 Presidential Elections

Venable LLP on 7/12/2024

As the 2024 presidential election cycle is in full swing, schools should prepare for debate, discussion, and expression of a wide range of political views and beliefs. While political discourse can be a valuable tool in the...more

Don’t Talk Politics at a Cocktail Party but Can Employees Talk Politics at Work?

McGlinchey Stafford on 7/2/2024

Come November, the United States citizens will vote for the next president. While all presidential elections cause differences of opinion (and sometimes hurt feelings), when can an employee talk politics at work? When can...more

Navigating Politics in the Workplace

Goulston & Storrs PC on 6/6/2024

In this election year, employees inevitably will engage in discussions of the impactful and divisive political issues that are at the forefront of our national discourse. Employers must be aware of the ways in which political...more

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

McManis Faulkner on 4/4/2024

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

EntertainHR: Can Employers Do That? The Limits of Free Speech

FordHarrison on 1/17/2024

Public debate about the Israel-Hamas war demonstrates that Americans have strong, and often divergent, views on important social and political issues. Believing that their right to express those views is firmly grounded in...more

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

Fisher Phillips on 1/15/2024

The coming election year 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...more

Calm Waters Run Deep: 10 Action Items to Help Your School Face the Rising Tide of Political Discourse

Fisher Phillips on 12/12/2023

Yes, we are still talking about this. Despite facing what feels like a rising tide of political discourse in our communities for years, we continue to hear concerns about how schools can balance fostering academic freedom,...more

Manufacturers’ Manual to Political Speech in the Workplace

Robinson+Cole Manufacturing Law Blog on 11/1/2023

As we approach election season, conversations about politics are quickly picking up across the country and in the workplace. Employers may be wondering how they can manage communications in the workplace....more

Employee Activism, Safety, and Support Amid Difficult Issues

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/30/2022

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

Between a Rock and a Hard Place: Navigating Political Viewpoints in the Workplace

Venable LLP on 4/7/2022

As the midterm election season approaches, employers may already be dreading inevitable political disagreements at work and wondering how to prevent them. American politics have become more polarized over time, and strong,...more

Can they do that? Political activity at school and board meetings

Bricker Graydon LLP on 10/14/2021

As the COVID-19 pandemic lingers on, school boards across Ohio have experienced increased attendance at board meetings and related political activity. Additionally, Election Day is coming up on November 2, 2021, so districts...more

Social and Political Issues and the Workplace - Implications for Employers

Littler on 5/13/2021

Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business. From a worldwide pandemic severely affecting global communities, markets...more

Should Employers Ban Political Discussions at Work?

Parker Poe Adams & Bernstein LLP on 4/30/2021

Earlier this week, the software company Basecamp announced a new policy that bans political or societal discussions on its internal communications systems. This move follows a similar policy adopted last year by Coinbase, a...more

Whole Foods Prevails Against Racial Bias Claims

Hinshaw & Culbertson - Employment Law... on 2/15/2021

With political and social activism surging in the workplace, Frith et al. v. Whole Foods Market Inc. et al., may prove to be the tip of the iceberg when it comes to employee discrimination claims. At issue in the polarizing...more

Politics in the Workplace: Understanding the Rights of Employees

Harris Beach PLLC on 2/12/2021

Following an election season like no other, and looking forward to this year’s election cycle, many individuals have started to reflect on the rights of employees to engage in the political process. This quick legal...more

Free Speech and Expression in the 2021 Workplace

Robinson+Cole Manufacturing Law Blog on 2/11/2021

While the presidential election may be in the past, conversations on political and social issues are not. As the new Presidential Administration takes the helm, the pandemic continues, and significant political division...more

How to Handle Workplace and Off-Duty Conduct in Politically Charged Times

Morris James LLP on 2/9/2021

The current US political environment is often regarded as the most antagonistic and polarized in living memory, and has created landmines for employers. Personal politics have become increasingly controversial, pervading...more

Setting the record straight on “free speech” rights in the workplace

McAfee & Taft on 1/13/2021

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

The First Amendment: Where it is Implicated, and Where it is Not

FordHarrison on 1/12/2021

Executive Summary: In the wake of the January 6, 2021, unrest at the United States Capitol Building and several social media outlets suspending President Trump’s accounts, free speech is a hot topic. Although the right to...more

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First Amendment › Political Expression

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