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Police First Amendment

Fisher Phillips

June 2021: The Top 19 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Proskauer - Proskauer For Good

First Circuit Upholds Right to Secretly Record Police in Public

On December 15, 2020, the U.S. Court of Appeals for the First Circuit affirmed the grant of summary judgment in favor of our clients, holding the Massachusetts Wiretap Statute (Mass. Gen. L. ch. 272, § 99) unconstitutional...more

Maynard Nexsen

October 2020 Fourth Circuit Torts and Insurance Cases of Interest

Maynard Nexsen on

Marc Manos, of the TIPS Council, monitors the Fourth Circuit Advance sheets and selects cases that might be of interest to tort or insurance practitioners. Below are short summaries of the cases selected from October of...more

Womble Bond Dickinson

The Constitution Protects Faces in the Crowd

Womble Bond Dickinson on

Unlimited law enforcement application of facial recognition software to surveillance footage is an unreasonable search and a violation of Constitutional rights for people in a peaceful crowd. An officer should need to...more

Womble Bond Dickinson

Take Video, But Secure a Warrant to Run Facial Recognition Software

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Last week’s tech company announcements about facial recognition software startled me, but probably not for the reason you might imagine. Amazon, IBM and Microsoft all boosted their socially conscious credibility by moving...more

Best Best & Krieger LLP

New 2020 Labor & Employment Laws for Public Agencies

Shauna Amon Writes About Public Employer New Laws in PublicCEO - California and federal courts, along with the state’s Public Employer Relations Board, handed down a number of decisions last year that will impact public...more

Proskauer - Proskauer For Good

Federal Court Upholds First Amendment Right to Secretly Record Public Officials in Public

Last week, in Martin v. Gross, Chief Judge Patti B. Saris of the U.S. District Court for the District of Massachusetts granted summary judgment in favor of our clients, finding the Massachusetts Wiretap Statute (Mass. Gen. L....more

Holland & Knight LLP

Religious Institutions Update: September 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Key Cases - Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review - In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more

Constangy, Brooks, Smith & Prophete, LLP

Courts Uphold Law Enforcement Officer’s Discharge For Racially Insensitive Posts

The freedom of speech afforded by the First Amendment is remarkably broad. Several categories of speech, including even “hate speech,” are afforded varying degrees of protection. However, the freedom of speech guaranteed...more

Blank Rome LLP

First Amendment Protects Right to Record Police Activity, Third Circuit Holds

Blank Rome LLP on

The Third Circuit recently joined the growing consensus of courts recognizing that the First Amendment protects the act of recording police officers conducting their official duties in public. In Fields v. City of...more

Bradley Arant Boult Cummings LLP

Shock the Monkey: Police Officer Photo Post on Social Media Costs Him His Job

When is a “joke” so not funny that you lose your job? The Mississippi Court of Appeals gave some direction on that question, affirming the City of Meridian’s termination of a police officer for an inappropriate (arguably...more

Seyfarth Shaw LLP

Court Dismisses Police Officers’ Class Action Complaint Regarding Anti-Tattoo Policy

Seyfarth Shaw LLP on

In a recent order in Medici, et al. v. City of Chicago, Case No. 15 C 5891, 2015 WL 6501153 (N.D. Ill. Oct. 27, 2015), Judge Charles P. Kocoras of the U.S. District Court for the Northern District of Illinois dismissed a...more

Best Best & Krieger LLP

California Reaffirms First Amendment Right to Record Police in Public

As deputy U.S. marshals detained a group of people in Beatriz Paez’s neighborhood, the 34-year-old South Gate, Calif. resident began recording the incident. Video from another camera-wielding bystander rolls as a different...more

Best Best & Krieger LLP

Ninth Circuit: Officer Removed After Raising Safety Issues Does Not Have First Amendment Claim

If a public employee reports departmental-safety concerns to his supervisor, and the employee is removed from duty for raising those concerns, does the employee have a viable First Amendment retaliation claim? ...more

Best Best & Krieger LLP

BB&K Police Bulletin: Gang Injunction: Broad Gang Injunction Violates First Amendment and Due Process Rights

Best Best & Krieger LLP on

Overview: The Ninth Circuit recently struck down a state court default judgment and injunction obtained by the Orange County District Attorney’s Office (OCDA) against a local gang and its members based on free speech and due...more

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