News & Analysis as of

Free Speech Teachers

Constangy, Brooks, Smith & Prophete, LLP

Va. Supreme Court lets teacher's "pronoun" lawsuit go forward

The teacher had a religious objection. The Virginia Supreme Court yesterday found in favor of a West Point public school teacher whose employment was terminated because he would not address a transgender student by the...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 9, November 2023

The Accreditation Overhaul for North Carolina (and Florida) Colleges - Last month, North Carolina Governor Roy Cooper signed House Bill 8 (HB 8) into law. In addition to establishing a new computer science requirement for...more

Bricker Graydon LLP

[Webinar] K-12 Education Legal Update: What you need to know before the 2023-2024 school year - July 31st, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

Please join Bricker Graydon K-12 Education Attorneys for a free webinar addressing legal updates on what you need to know heading into the 2023-2024 school year. Attendees will hear updates on a variety of topics, including...more

Franczek P.C.

They Said What? First Amendment Issues in 2020

Franczek P.C. on

A presidential election like no other in history, a global pandemic causing an unprecedented economic and emotional toll on our communities, and a remote learning environment where virtual communication reigns, whether in the...more

Spilman Thomas & Battle, PLLC

COVID-19 Litigation Trends, Issue 14

This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more

Fisher Phillips

The New Norm: Responding To White Supremacy In Our Schools

Fisher Phillips on

It’s here. It’s happening. Each day, another piece of what our society recognizes as white supremacist ideology finds its way into mainstream social media and news platforms. We read about it, wrestle with our stand on “free...more

Holland & Knight LLP

Religious Institutions Update: September 2019 - Lex Est Sanctio Sancta

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Rehearing Denied for Elementary School Against Catholic Teacher's ADA Claim - In Biel v. St. James Sch., 926 F. 3d 1238 (9th Cir. 2019), the petition for rehearing and the petition for rehearing en banc was denied, subject...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Fisher Phillips

Can A University Terminate For Tenured Teacher’s Twitter Tweaks?

Fisher Phillips on

A series of Twitter posts from a tenured Fresno State English professor about former First Lady Barbara Bush has once again sparked a national conversation about how the First Amendment applies in the university setting, and...more

Fisher Phillips

Digital Disruptions: Handling Social Media Misuse By Students And Educators

Fisher Phillips on

Beginning with the launch of Myspace and Facebook in the early part of the last decade, social media communication has taken the world by storm. Today, social media networking is the primary means of communicating about one’s...more

Dickinson Wright

Education Newsletter Volume 1, Number 1: Arizona Senator Introduces Bill to Expand the Rights of Student Speech

Dickinson Wright on

This session, Arizona Senate Majority Leader Kimberly Yee (R-Phoenix) introduced Senate Bill 1384 to expand the rights of student journalists. If passed would grant both high school and college level student journalists the...more

McAfee & Taft

2016 presidential election dynamics in the workplace: Free speech? ‘You’re fired’

McAfee & Taft on

None of us are immune from this year’s presidential election dynamics. Disrespect and name-calling seem more prevalent than policy discussions. The election is highly polarizing, potentially pitting employee against employee....more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - January / February 2016

NEWS & ANALYSIS - Death of Justice Antonin Scalia may create 4-4 split in case involving public employee union agency fees - In January, the U.S. Supreme Court heard oral argument in Friedrichs v. California, a case in...more

Seyfarth Shaw LLP

Questions Remain About Social Media Privacy Rights During Workplace Investigations

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Employees’ social media activities often play a key role in workplace investigations. For example, an employee may complain that a coworker sent a harassing Facebook message or posted something offensive on Twitter...more

Franczek P.C.

District Court Finds First Amendment Does Not Protect Former Guidance Counselor’s Sexually-Explicit Book

Franczek P.C. on

The Northern District Court of Illinois found that Rich Township High School District 227 did not violate the free speech rights of former guidance counselor and girls’ basketball coach Bryan Craig when it dismissed him based...more

Franczek P.C.

#Edchat Followup: Legal Issues For BYOD And 1:1 Programs In Schools

Franczek P.C. on

Each Tuesday the #Edchat hashtag brings together educators from across the globe to discuss education-related topics on Twitter. Last week one of the questions on #Edchat was “How do we train educators to teach in programs...more

Franczek P.C.

New Jersey District Dismisses Teacher Who Called Students “Future Criminals” On Facebook

Franczek P.C. on

Earlier this month, a New Jersey appellate court affirmed the dismissal of a tenured teacher for comments she made about her students on Facebook. Good summaries of the case, In re O’Brien, can be found through the National...more

Franczek P.C.

Teacher’s Retaliation Suit Against School District For Exercising Right of Free Speech Involved a Matter of Public Concern

Franczek P.C. on

In Gschwind v. Heiden, the Seventh Circuit Court of Appeals found that the dismissal of a teacher’s suit against a school district for retaliation for exercising free speech rights involved a matter of public concern and,...more

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