A recent case has made clear that a government agency’s ceasing doing business with a company based on the viewpoints of the company’s owners can lead to First Amendment liability for the agency. Earlier this year, in Riley’s American Heritage Farms v. Elsasser, the United States Court of Appeals for the Ninth Circuit (the
Government-Hosted Social Media – How To Avoid First Amendment Claims
This post appeared in April 2018. It has been reviewed and is up to date.
Social media and the First Amendment is a fascinating and quickly-developing area of the law. All types of business organizations have a social media presence, for example, a Twitter page or Facebook account, and often on their own websites
Policymaking Employees and the First Amendment
This article was originally published in April 2017. The information has been reviewed and is up-to-date as of November 2021.
A newly-elected official is going to want to fill top posts in their organization with persons committed to the official’s vision for the future. In the same way, a top official after a period of
Trouble-Shooting the Hiring Process for a Public Agency
This article was reviewed in August 2021 and is up-to-date.
The stock market has reached all-time highs and the economy in general continues to be strong. In this scenario, many public sector employers are hiring. Although this is certainly welcome news, the hiring process does, however, carry legal risks.
The following are six areas of
Appellate Law – The Final Judgment Rule and its Exceptions
This article was reviewed March 2021 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 Judgment
The First Amendment in Employment and Education – Five Issues for 2021
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,