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
Government-Hosted Social Media – How To Avoid First Amendment Claims
This post was authored by David Urban.
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 invite the public to comment. The same is
Trouble-Shooting the Hiring Process for a Public Agency
This post was authored by David Urban.
The stock market is at all-time highs, and unemployment and inflation are low. For many California public sector employers, the strengthened economy means more hiring. Although this is good news, the hiring process does carry legal risks, just as did downsizing and other similar matters in bad
Public Employers and Hate Speech
Violent and tragic events in Charlottesville, and the intense national debate that followed, have put the issue of hate speech at the forefront of the public’s attention. A number of publications have addressed the issue of when a private employer can discharge an employee who, on the employee’s own time, participates in organized hate speech.
Final Judgment Rule – Four Exceptions to Keep in Mind
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 Rule.” The rule certainly sounds dark and fateful. Perhaps
Policymaking Employees and the First Amendment
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 months or years may want to change key lieutenants because of political differences. Indeed, this ability to pick and choose
Sexual Misconduct On Campus – Lessons From Due Process Litigation
One of the most contentious issues in higher education continues to be how to punish and deter student-to-student sexual assault, protect students and assault survivors, and at the same time fully honor the legal rights of all concerned. Title IX of the Education Amendments of 1972 prohibits institutions of higher education from discriminating “on the