News & Analysis as of

Free Speech

How to Get Yourself Fired for a Facebook Post

by Dorsey & Whitney LLP on

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

Food Advertising And Compelled Commercial Speech In 2017

According to the Hyper-Chicken, a lawyer from my favorite television show, “freedom of speech applies to what comes out of a mouth, not what goes in.” State of Alabama v. Giant Space Iguana, 273 U.S. O (2976) (chewing corners...more

Second Circuit Affirms Dismissal of Sheldon Adelson’s SLAPP Suit Against National Jewish Democratic Council

by Ballard Spahr LLP on

The Second Circuit has now affirmed dismissal of a defamation lawsuit brought by casino magnate and Republican mega-donor Sheldon Adelson against the National Jewish Democratic Council (NJDC) and two members of its...more

Government Actions are Not Protected Speech Under California Anti-SLAPP Law - Appellate Opinion Stems from Disputed Construction...

by Best Best & Krieger LLP on

When a government entity issues a construction permit, that is government action not protected by California’s anti-SLAPP law — which extends only to constitutionally protected exercises such as “free speech” — the California...more

U.S. Supreme Court Hears Oral Argument In Key Case On LGBT Rights And Religious Liberty

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Oral argument suggests the Supreme Court is narrowly divided on how to reconcile non-discrimination protections for LGBT individuals with claims for religious liberty, with Justice Kennedy appearing likely...more

Trampling on Fundamental Freedoms — Ending Net Neutrality

The issue of net neutrality discouragingly has devolved into death threats. A 28-year-old man faces criminal charges for allegedly saying he will kill Rep. John Katko if the New York Republican supports the Federal...more

Religious Institutions Update: November 2017 - Lex Est Sanctio Sancta

by Holland & Knight LLP on

Timely Topics - Serious data breaches have become routine in the United States, yet a recent survey shows that the majority of religious institutions do not have a full-time IT professional, have no system to detect a...more

Judge Reaffirms That Anti-SLAPP Statute Does Not Apply in Federal Court

by LeClairRyan on

Last month, the judge presiding over the Deripaska v. Associated Press case granted the Associated Press’ Rule 12(b)(6) motion and dismissed the case. The Associated Press had filed a companion special motion to dismiss under...more

“A Gronking To Remember” Plaintiffs Lose Right Of Publicity Appeal

For those of you in desperate need of Christmas present ideas for a New England Patriots fan, you can rest assured that your ironic backup option – a copy of the romance novel, A Gronking to Remember – is still available for...more

A Torrent of Anti-SLAPP Motions in DC Federal Court Cases

by LeClairRyan on

After the DC Court of Appeals essentially invited a party to file an anti-SLAPP special motion to dismiss in a DC federal court diversity case, it took seven months for the Associated Press to accept the invitation. That...more

Social Links: Proposed legislation to outlaw “catfishing” & protect young Web users; blockchain technology’s impact on marketing

The government in Indonesia has warned the world’s biggest social media providers that they risk being banned in that country if they don’t block pornography and other content deemed obscene....more

[Webinar] What’s New for California Employers for 2018: Employment Law Developments and Trends - December 13th, 10:00am PT

by Payne & Fears on

This one-hour session, geared toward human resources professionals and in-house attorneys, will cover legal changes impacting California employers, including a discussion of new laws, enforcement trends, and "hot topics" in...more

Court Says Glassdoor Must Disclose Anonymous Reviewers’ Information in Grand Jury Proceedings

by Fenwick & West LLP on

In a case with free speech implications, the U.S. Court of Appeals for the Ninth Circuit on November 8, 2017, affirmed the denial of Glassdoor, Inc.’s motion to quash a grand jury subpoena for the identities of the Glassdoor...more

FARA and the First Amendment: How will the United States Calibrate its Response to Foreign Propaganda?

Remember how we talked about bipartisan legislation introduced in March 2017 (which seems like a million years ago) to investigate the Russian media outlet RT for spreading propaganda without registering as a foreign agent?...more

Trump v. the NFL: Can the Players Sue the President? The Answer Isn’t So Simple

by Kelley Drye & Warren LLP on

A few Sundays ago, Terry Bradshaw, the Hall of Fame quarterback, used his platform as the longtime co-host of the television program Fox NFL Sunday to address the growing controversy over some NFL players choosing to kneel...more

California Court Holds That Orders Demanding Global De-indexing Threaten Free Speech

by Fenwick & West LLP on

Earlier this year, the Supreme Court of Canada upheld a lower court order ordering Google to de-index a website from its global search results. In its decision, the Canadian high court rejected Google’s arguments that such an...more

The Supreme Court - November 13, 2017

by Dorsey & Whitney LLP on

Today, the Supreme Court granted certiorari in the three cases: Minnesota Voters Alliance v. Mansky, No. 16-1435: Is Minnesota Statute Section 211B.11, which broadly bans all political apparel at the polling place,...more

California Court Enjoins Canadian Court’s Global De-listing Order to Google as Contrary to CDA

In a decision that sets up a potential international comity showdown, a California district court granted Google’s request for a preliminary injunction preventing enforcement in the U.S. of a Canadian court order that...more

Can You Be Fired for Flipping off the President? Yes...Well...Maybe Not

by Dorsey & Whitney LLP on

There is a widespread myth in this country that the First Amendment protects free speech in the workplace. Employees who loudly state controversial opinions often think the First Amendment protects them from being fired as a...more

Flipping Out Over Flipping Off: What Are the Limits on Regulating Employee Political Speech?

Around the end of October, a photo of a government contractor employee flipping the bird to President Trump’s motorcade went viral after the woman made it her profile picture on Facebook. She was subsequently fired for a...more

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

by Womble Bond Dickinson on

John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

Evading 200 Years of Precedent: The IRS's New Foreign Travel Ban Will Revoke or Deny Passports of Taxpayers Owing More than...

Under the new Section 7345 of the Internal Revenue Code coming into effect in January 2018, Congress has given the IRS the power to “certify” the names of delinquent taxpayers to the State Department for purposes of denying...more

See You In Court! – November 2017

by Shipman & Goodwin LLP on

As the football season wound down in Nutmeg, Bob Bombast went on a Facebook rant against the players in the NFL who take a knee during the playing of the National Anthem. Coach Rock, veteran coach at Nutmeg Memorial High...more

Department of Education Sued in Connection with Recently Issued Q&A on Campus Sexual Misconduct

• An equal rights group and three individual plaintiffs have filed a civil suit in U.S. District Court in Boston against the Department of Education (ED) and Secretary of Education Betsy DeVos. The complaint alleges that the...more

Federal Court Holds That Banning a Commenter From a Public Official’s Public Facebook Page Violates the Commenter’s Right to Free...

by Tucker Arensberg, P.C. on

Davison v. Loudoun County Bd. of Supervisors, 1:16CV932 (JCC/IDD), 2017 WL 3158389 (E.D. Va. July 25, 2017). The District Court for the Eastern District of Virginia issued a declaratory judgment holding that an elected...more

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