News & Analysis as of

Retaliation First Amendment

Bass, Berry & Sims PLC

Tennessee Supreme Court Holds that Petitioning the State Government is Not Conduct Protected by the Common Law Tort of Retaliatory...

A recent Tennessee Supreme Court decision has addressed a matter of first impression after years of contentious debate regarding employer COVID-19 vaccination policies for employees. Heather Smith (Smith) filed a lawsuit...more

Tucker Arensberg, P.C.

School Director’s First Amendment Rights Not Violated When Board and Superintendent Criticize his Offensive Social Media Posts

Tucker Arensberg, P.C. on

Detschelt v. Norwin School District 23-cv-1402 (W.D. Pa. Dec. 20, 2024). The District Court for the Western District of Pennsylvania dismisses complaint filed by school director which alleged that statement issued by the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Revives New York Reproductive Health Bias Law’s Notice Requirement for Employee Handbooks

On January 2, 2024, the U.S. Court of Appeals for the Second Circuit reinstated the New York Reproductive Health Bias Law’s requirement that New York State employers include a notice in their employee handbooks regarding the...more

Kramer Levin Naftalis & Frankel LLP

Employers Required to Provide Notice Under New York State Reproductive Health Bias Law Following Second Circuit Ruling Vacating...

On Jan. 2, 2025, the U.S. Court of Appeals for the Second Circuit in CompassCare v. Hochul vacated a lower court’s injunction that had forestalled implementation of a requirement under New York’s reproductive health bias law,...more

Littler

A Case Study on the First Amendment Defense for Entertainment Industry Employers

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The First Amendment traditionally offers robust protections for expressive employers, such as those in the entertainment and media industries, allowing them to control casting and messaging. In California, however, these...more

Proskauer Rose LLP

Broadway Ruling Puts Discrimination Claims In The Limelight

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Does the First Amendment right to free speech permit an employer to hire or fire an employee based on race? On its face, the proposition may seem absurd, especially as we approach the 60th anniversary of the Civil Rights Act...more

Littler

Littler Lightbulb: March Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Alston & Bird

Lessons Higher Education Can Learn from Recent First Amendment Litigation

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Our Education Team parses a pair of First Amendment cases that directly affect colleges’ and universities’ free speech policies for employees and students....more

Dorsey & Whitney LLP

The Supreme Court Update - October 16, 2023

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On October 13, 2023, the Supreme Court of the United States granted certiorari in 4 cases: Relentless, Inc. v. Department of Commerce, 22-1219: This is the second case that the Court has agreed to hear this term...more

Bond Schoeneck & King PLLC

The De-Evolution of Post-Garcetti Public Employee Speech Regulation in Higher Education

In 2006, the Supreme Court’s decision in Garcetti v. Ceballos granted public employers’ broad discretion in regulating their employees’ work-related speech. Before 2006, under the so-called Pickering Connick test, employees...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: The First Amendment and Disability Rights in the OC

This week, the Court addresses whether the dismissal of a volunteer member of a municipal advisory board implicates the First Amendment and considers a challenge to zoning ordinances designed to limit sober living homes. ...more

Franczek P.C.

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

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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

Hinshaw & Culbertson - Employment Law...

Sixth Circuit Decision In Police Officer Termination Case Offers Valuable Insights for Public Employers in Addressing Complaints...

Public employers have interests that differ from private employers. While both types of employers seek to increase their revenues, public employers have additional concerns that can take priority over short-term budgetary...more

Carlton Fields

Top 10 First Amendment Cases of the Supreme Court Term

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The Supreme Court term that ended today once again showed the power of the First Amendment to shape American life. The court invoked the First Amendment in cases regulating social media platforms, prayer at public schools,...more

Epstein Becker & Green

Court Refuses to Extend Bivens to Excessive Force and Retaliation Claims: SCOTUS Today

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Notwithstanding the fact that, as we approach the end of the term, the Court still had 30 cases to decide as of Wednesday morning, June 8, the day’s count has only been reduced by one. So, expect a flurry of cases with the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Egbert v. Boule

On June 8, 2022, the U.S. Supreme Court decided Egbert v. Boule, No. 21-147, declining to recognize a cause of action for damages against a federal border agent for either a Fourth Amendment excessive-force claim or a First...more

Franczek P.C.

Supreme Court Issues Decision Affirming a Public Body’s Right to Censure Board Member

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In Houston Community College System v. Wilson, the United States Supreme Court held that a public body’s verbal censure of a fellow board member did not violate the board member’s First Amendment rights. The censure followed...more

Bond Schoeneck & King PLLC

Is a Censure a Form of Censorship Under the First Amendment?

In Houston Community College System v. Wilson, the Supreme Court of the United States recently addressed the scope of impermissible retaliation under the First Amendment in the context of a dispute between the members of the...more

Troutman Pepper Locke

Supreme Court Finds Censure of Community College Trustee Did Not Violate First Amendment

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On March 24, the U.S. Supreme Court issued a unanimous decision in Houston Community College System v. Wilson, holding that the public censure of one of the plaintiff's elected trustees by his board colleagues did not violate...more

McGuireWoods LLP

U.S. Supreme Court: College Board’s “Censure” Does Not Violate First Amendment

McGuireWoods LLP on

In a unanimous decision, the U.S. Supreme Court concluded on March 24, 2022, that the Board of Trustees for the Houston Community College System (HCC) did not violate the First Amendment when it censured one of its members....more

Jackson Walker

U.S. Supreme Court Affirms First Amendment Protection of Elected Bodies to Censure Members

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On March 24, 2022, the United States Supreme Court decided Houston Community College System v. Wilson, holding that an elected official does not possess an actionable First Amendment retaliation claim arising from a purely...more

Nossaman LLP

U.S. Supreme Court Upholds Power of Elected Boards to Censure Their Own Members

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After years of recriminations and acrimony between members of the Board of Trustees for the Houston Community College System (“System”), the Board censured one of its members for “reprehensible” conduct–including speech–“not...more

Bricker Graydon LLP

Supreme Court finds censuring a board member didn’t violate First Amendment

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The Supreme Court ruled last week that a college board’s censure of a trustee did not violate the First Amendment. David Wilson was an elected member of the Board of Trustees of the Houston Community College (HCC) System...more

Epstein Becker & Green

The Court Upholds a College Board’s Censure of One of Its Members, and Delays an Execution on Religious Grounds: SCOTUS Today

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The Court issued opinions in two cases today, both interesting in their particular factual circumstances, but neither controversial, with one unanimously decided and the other with a lone dissent....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Houston Community College System v. Wilson

On March 24, 2022, the U.S. Supreme Court decided Houston Community College System v. Wilson, No. 20-804, concluding that an elected official does not possess an actionable First Amendment retaliation claim arising purely...more

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