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Supreme Court of the United States › First Amendment › Subpoenas

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
WilmerHale

Supreme Court To Decide Significant Case On When To Bring Constitutional Challenge Against State Attorney General In Federal Court

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On June 16, 2025, the Supreme Court granted certiorari in a case from the Third Circuit regarding the availability of a federal forum to raise constitutional challenges to a subpoena issued by a state attorney general....more

Dorsey & Whitney LLP

The Supreme Court Update - June 16, 2025

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The Supreme Court of the United States granted certiorari in two cases today: First Choice Women’s Resource Centers, Inc. v. Platkin, No. 24-781: This case concerns the appropriate forum for raising constitutional...more

Dorsey & Whitney LLP

The Supreme Court - October 3, 2022

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Today, on the first day of the new term, the Supreme Court of the United States granted certiorari in nine cases: Gonzalez v. Google LLC, No. 21-1333: Section 203(c)(1) of the Communication Decency Act shields an...more

Dorsey & Whitney LLP

The Supreme Court - December 16, 2019

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On Friday afternoon, the Supreme Court of the United States granted certiorari in the following cases: Trump v. Vance, No. 19-635: Whether as part of a district attorney’s criminal investigation targeting the President of...more

McNees Wallace & Nurick LLC

U.S. Supreme Court Finds Sworn Testimony Outside Scope of Regular Job Duties Entitled to First Amendment Protection

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While the labor and employment law world is abuzz after the decisions in Burwell v. Hobby Lobby and Harris v. Quinn (cases this Blog will cover in the coming days), the United States Supreme Court also issued a decision...more

Parker Poe Adams & Bernstein LLP

Supreme Court Finds Public Employee's Testimony in Criminal Trial Protected Under First Amendment

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Last week, the U.S. Supreme Court unanimously held that a public employee cannot be retaliated against by his employer based on testimony provided by him under subpoena in a criminal proceeding. In Lane v. Franks, the...more

Best Best & Krieger LLP

First Amendment Protects Public Employees for Sworn Testimony Given Outside Scope of Regular Job Duties on Matters of Public...

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U.S. Supreme Court Makes Unanimous Ruling in Lane v. Franks - The First Amendment protects a public employee from adverse employment action taken in retaliation for providing truthful sworn testimony, compelled by...more

Pullman & Comley - Labor, Employment and...

The Supreme Court Says Public Employee’s Court Testimony Protected From Retaliation Under The First Amendment, At Least To The...

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Eight years ago the United States Supreme Court, in Garcetti v. Ceballos, instructed that speech undertaken pursuant to a public employee’s job duties is “employee” speech and not “citizen” speech, and hence is not protected...more

Miller Canfield

U.S. Supreme Court Rules that Sworn Testimony by Employee is Protected by the First Amendment

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Providing truthful, sworn testimony outside the course of ordinary job duties is First Amendment speech for the purposes of retaliation lawsuits, the U.S. Supreme Court ruled on June 19, 2004. The ruling prohibits a public...more

Nossaman LLP

Did You Know…Compelled Public Employee Testimony May Be Protected By the First Amendment

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The Supreme Court’s recent unanimous decision in Lane v. Franks held that the First Amendment protects a public employee who provided truthful sworn testimony, compelled by subpoena, outside the course of his ordinary job...more

FordHarrison

Supreme Court Rules that Public Employee's Testimony Is Protected by First Amendment

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The U.S. Supreme Court recently held that a public employee's truthful sworn testimony, under subpoena, which was not part of his ordinary job duties, was entitled to First Amendment protection. See Lane v. Franks (June 19,...more

Franczek P.C.

U.S. Supreme Court Unanimously Holds That Public Employee’s Truthful Subpoenaed Testimony Was Protected Speech Under the First...

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It has long been recognized that public employees are not excluded from First Amendment protection, and for more than 40 years the courts have wrestled with balancing the free speech rights of a public employee against the...more

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

Supreme Court Rules Public Employee’s Sworn Testimony Is Protected

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Declaring that “public employees do not renounce their citizenship when they accept employment,” the Supreme Court of the United States held today that the First Amendment protects a public employee’s truthful sworn...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lane v. Franks

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On June 19, 2014, the United States Supreme Court decided Lane v. Franks, No. 13-483, holding that a public employee's sworn testimony is entitled to First Amendment protection when it is given outside the scope of ordinary...more

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