Some important news for litigants in writ proceedings who seek to appeal – on July 29, 2024, the California Supreme Court in Meinhardt v. City of Sunnyvale established the rule for when the time clock for an appeal begins to run in a petition for writ of administrative mandate case. It does not begin
David Urban
David Urban represents organizations, including public and private educators and public agencies, in all aspects of labor and employment law. He has successfully defended employers in cases involving alleged discrimination and retaliation, disability accommodation, privacy, trade secrets, First Amendment, and alleged violation of wage and hour laws, including meal and rest break laws.
Campus Protest and Free Speech Concerns for Administrators
At Columbia, Yale, University of Southern California, University of Texas, University of California Los Angeles, and elsewhere one has seen tent city campus landscapes, and students gathered for delivery of impassioned chants before cameras, sitting quietly with protest signs against walkways, or alternating turns to speak publicly to gathered crowds. Many times, however, news cameras…
Religion in the Public Sector Workplace
This article was originally published in July 2016. The information has been reviewed and is up-to-date as of February 2024.
Christianity, Judaism, Islam, Buddhism, and Hinduism are typically cited as the major religions of the world, although there are many others that have tens of millions of adherents or more. The United States has no…
The First Amendment and Political Expression in the Government Workplace – Election Year 2024
With the approaching election year, we can anticipate a high level of political activity from the public to support their views of what should be the country’s future. No doubt, at times this political activity will encroach on the workplace, and for public agency employers, this can create unique problems. State statutes and agency rules…
The U.S. Supreme Court Hears Argument on Government-Hosted Social Media and the First Amendment
Last week, on October 31, 2023, the U.S. Supreme Court heard argument in two important cases concerning the First Amendment and government agencies. Both cases present the question of when and how First Amendment free speech standards apply to government officials in curating public comments on their social media pages.
The cases are O’Connor-Ratcliff …
Public Safety Video Briefing: Peace Officer Speech in California: Will Kirkland v. City of Maryville Have an Impact Here? – January 2023
Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
Ninth Circuit Provides New Guidance For Defining Protected Speech Under the First Amendment And The Permissible Scope Of Social Media Policies
Social media sites have become the new “public square” where individuals share opinions and information about all types of political and societal events. Public sector employees, as much as anyone else, use social media to post viewpoints and to participate in public debate. Problems arise, however, when a public employee posts harsh, derogatory, defamatory, or…
Discontinuing A Business Relationship Can Raise First Amendment Concerns
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…