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Public Comment First Amendment

Mayer Brown Free Writings + Perspectives

Rulemaking Petition Seeks Clarification on Trading After Public Commentary

In January 2025, the founder of Citron Capital, LLC (“Citron”) filed a petition for rulemaking with the US Securities and Exchange Commission requesting the SEC to initiate rulemaking to clarify the regulation of trading by...more

Shipman & Goodwin LLP

See You In Court - February 2025

Shipman & Goodwin LLP on

Social media has made it much easier to disseminate hurtful criticisms about teachers, principals, superintendents and even board of education members, and the good people of Nutmeg are no exception....more

Morrison & Foerster LLP

California Climate Laws, CARB Opens Comment Period Seeking Industry Input by February

Morrison & Foerster LLP on

On December 16, 2024, the California Air Resources Board (CARB) called for public comment on key issues related to the implementation of California’s two major climate disclosure bills, the Climate Corporate Data...more

Franczek P.C.

PAC Finds OMA Violation Where Public Comment Impermissibly Limited

Franczek P.C. on

In a recent binding opinion, the PAC found a public body in violation of the Open Meetings Act (OMA) for restricting the content of public comment where a member of the public attempted to discuss the District’s hiring...more

Foster Garvey PC

FDA Issues Draft Guidance on Naming and Voluntary Nutrient Statements for Plant-Based Milk Alternatives

Foster Garvey PC on

On February 23, 2023, the Food and Drug Administration (FDA) announced the issuance of a draft guidance document entitled “Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry.”...more

Sheppard Mullin Richter & Hampton LLP

California’s Newly Adopted “Safe Harbor” Warning Label for Acrylamide In Foods Turns Up the Heat In Ongoing First Amendment...

California has approved a new, alternative “Safe Harbor” warning label for foods containing acrylamide, a naturally-occurring byproduct that occurs during high-heat cooking. Whether the new regulation moots the California...more

Franczek P.C.

Federal Court Upholds School Board’s Enforcement of Public Comment Decorum Rules

Franczek P.C. on

The United States District Court for the District of New Jersey recently issued a decision regarding the limited First Amendment protections afforded to speakers who use offensive and disruptive speech at school board...more

Hogan Lovells

OEHHA announces new modification of proposed acrylamide regulation for foods

Hogan Lovells on

On October 6, 2022, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements California’s Proposition 65 (Prop 65), provided notice of new changes to the proposed regulation. If adopted,...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 2, 2022

Welcome to our second edition of The Academic Advisor - our e-newsletter focused on education law insights. We hope you enjoyed our first issue and found it helpful. Our aim is to support the work that you do by bringing...more

Tucker Arensberg, P.C.

“Civility” Policy for Public Participation at School Board Meetings Found Unconstitutionally Vague

Marshall v. Amuso, No. 21-CV-4336 (E.D.Pa. November 17, 2021). (Federal court concludes that school board policy governing public participation at school board meetings was unconstitutionally vague and an infringement on free...more

Best Best & Krieger LLP

Public Comment Time Limit OK'd by Court - Alexander Brand Discusses California Appellate Court Ruling in PublicCEO

Does your agency place a time limit on public comments at meetings? So long as time restrictions placed on public comment periods are reasonable and don’t violate state or federal law, the Second District Court of Appeal,...more

Mintz - Health Care Viewpoints

Trump Administration Proposes Requiring Disclosure of Drug Prices in TV Ads

The Trump Administration is moving full speed ahead with its proposals under the Blueprint to Lower Drug Prices (the “Blueprint”). Earlier this week, the Centers for Medicare & Medicaid Services (“CMS”) released a proposed...more

Best Best & Krieger LLP

Public Entities Can Limit Public Comment Speaking Time at Meetings - California Appellate Court Finds Limit Did Not Violate Brown...

Public entities can place reasonable time restrictions on public comment at their meetings as long as the time restrictions do not violate state or federal law, a California appellate court said in a fairly sweeping decision....more

Harris Beach Murtha PLLC

PERB Emergency/Proposed Rule Allows Expedited Review of Issues Related to Supreme Court’s Decision in Janus

On August 15, 2018, the New York State Register published the Public Employment Relations Board’s (PERB) notice of emergency adoption and notice of proposed rulemaking. The emergency rule went into effect on July 27, 2018,...more

Jones Day

FDA Delays Effective Date of Amended Regulations Affecting "Intended Use" Definition

Jones Day on

One day before the final rule, "Clarification of When Products Made or Derived From Tobacco Are Regulated as Drugs, Devices, or Combination Products; Amendments to Regulations Regarding 'Intended Uses,'" would have taken...more

King & Spalding

FDA Defends Its First Amendment Position in “Memorandum”

King & Spalding on

On January 18, 2017, the Food and Drug Administration (FDA or the Agency) released for public comment a Memorandum, Public Health Interests and First Amendment Considerations Related to Manufacturer Communications Regarding...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

Davis Wright Tremaine LLP

Court Denies Section 230 Immunity to TheDirty.com for User Posts, Setting Stage for Battle in Sixth Circuit

On Aug. 12, 2013, a federal court in Kentucky held that the website TheDirty.com can be liable for comments posted by third parties, refusing to rule as a matter of law that the site is immune under Section 230 of the...more

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