This year saw perhaps the largest public protests in American history, one of the most contentious election years, vast public use of social media to achieve political and social goals, and harsh debate on whether government mandates designed to combat the pandemic infringe constitutional rights, including the right to free expression. Free speech challenges rose
Public Employment Issues and the 2020 Election – From Employee Free Speech to Taking Time Off to Vote
Election day, November 3, 2020, is only several months off. Almost all agree the election will be historic, with a high-level of public activity anticipated, whether through donations, rally participation, letter writing, buttons, t-shirts, banners, yard signs, word-of-mouth, or social media. Protests and even civil disobedience are possible. Election times present unique issues for California
Issues Public Employers Face During Mass Protest – Question and Answer
Our nation continues to react to the death of George Floyd, and this reaction includes the thousands who have participated in mass protests across the country. Many people feel compelled to speak openly and passionately about an issue of national importance. Public employees likely wish to express their views as well, and this includes not
First Amendment Rights During Coronavirus – New Challenges For Government Agencies
Lawyers at our firm have practiced constitutional law for many years, and the coronavirus pandemic has presented circumstances in this area that many of us probably thought we would never see. Under normal principles of First Amendment law, speech in a traditional public forum such as a city park has a high level of protection
Preparing Briefs on Appeal
An important part of the litigation practice is appellate law. One side can win in the trial court – by a motion to dismiss, on summary judgment, or after a jury trial – only to have the result overturned on appeal. The court of appeal can send the parties back for an entirely new trial,
Pending Legislative Bills Relevant to Public Agencies – Awaiting the Governor’s Signature or Veto
January 1, 2020 may bring a number of significant changes to California law for public employers. Following the end of the Legislative Session on September 13, 2019, a number of proposed laws were passed by the Assembly and Senate and now await final approval by Governor Gavin Newson. He has until October 13, 2019 to
California Supreme Court Holds that Law Enforcement Agency May Disclose “Brady List” to Prosecutors Notwithstanding Pitchess Statutes
In a unanimous decision published today, the California Supreme Court held that the Los Angeles County Sheriff’s Department (LASD) could share with prosecutors the names of deputies on its “Brady list” in particular cases without seeking a court order after a Pitchess motion. The Court held that the LASD would not violate Pitchess “by
Does the First Amendment Apply to Public Agency Social Media Platforms? Three Cases Work Toward an Answer
This post was authored by David Urban.
Cities, counties, special districts, public educators, and other government entities who invite public comment and contribution on their Twitter accounts, Facebook pages, websites, or other spaces on the internet might face liability for violating the First Amendment if they remove content posted by members of the public
Appellate Law – The Final Judgment Rule and its Exceptions
This post was reviewed in September 2019 and is up-to-date.
Many times, parties to a lawsuit receive trial court rulings in the midst of the litigation that are unfavorable, oppressive, and seem to them to be demonstrably wrong. The parties want to appeal immediately, but their counsel will say that cannot happen, citing the “Final
Free Speech Rights at Private Colleges and Universities
The post was authored by David Urban.
Controversies over free speech, disruptive protests, sharp debates among faculty, withdrawal of invitations to controversial speakers, and interference with rights of expression happen just as much at private as at public colleges and universities. The difference, however, is that the First Amendment to the U.S. Constitution binds