An officer in the City Police Department at which you are employed receives an award for commendable service. The Police Chief posts an announcement and his praise of the officer on the Police Department’s Facebook page. In the midst of the congratulatory posts from the public, two citizens post comments sharply criticizing the Department. You
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.
Appellate Law – The Final Judgment Rule and its Exceptions
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…
First Amendment Law in 2015 – 8 Areas to Watch (Part II)
Tuesday’s post discussed four important issues in First Amendment law which will involve the Supreme Court and other courts deciding fairly traditional, “earth bound” questions of free speech. Today’s post explores more unusual challenges facing the courts in 2015.
1. Individuals’ Speech on Facebook:
Does the First Amendment protect an individual who makes menacing and…
First Amendment Law in 2015 – 8 Areas to Watch
The year 2015 will likely be a stand-out year for new developments in First Amendment law. The end of this year has seen free speech at the top of the news on a near-daily basis. Protests of police department practices, sparked by events in Ferguson, Missouri and New York City, swept the country…
Texts and E-mails on Personal Devices – Are They “Public Records”?
Public officials may sometimes use personal devices such as smartphones and personal e-mail or other accounts to communicate concerning their agency’s business. Are these e-mails, texts, or other communications “public records” that must be disclosed in response to a demand under the California Public Records Act? The California Supreme Court will soon decide.
The Court…
Campus Free Speech – A Review of Policies Can Avoid Litigation
It has been 50 years since the Free Speech Movement began at UC Berkeley in 1964, and approximately 40-50 years since near-riotous conditions overwhelmed college campuses in the late 1960’s and early 1970’s. In our own time, it is about three years since the 2011 Occupy events and large-scale tuition protests erupted on college campuses. …
U.S. Supreme Court Issues New Public Employee Free Speech Decision – Compelled Employee Testimony Can Be Protected
On Thursday, June 19, 2014, the U.S. Supreme Court in Lane v. Franks held that the First Amendment protects a public employee who provides truthful sworn testimony, compelled by subpoena, outside the scope of his or her ordinary job responsibilities. In so holding, the Court overturned precedent from the U.S. Court of Appeals for the…
California Supreme Court Holds Names of Police Officers Involved in Shooting Are Subject to Disclosure Under the Public Records Act
This blog post was written by David Urban and Shardé C. Thomas
Today the California Supreme Court issued a 6-1 decision in Long Beach Police Officers Association v. City of Long Beach. The case involves the issue of whether police departments are required in response to California Public Records Act (“CPRA”) requests to disclose…
Disciplining Public School Students For Speech: First Amendment Implications
Many student discipline matters in public schools involve speech, be it joking threats by the student, outrageous bullying on social media, epithets or hate speech, or clothing containing messages or symbols that violate school rules. Because they involve speech, these discipline cases can raise substantial First Amendment concerns.
Some view student speech as less valuable…
U.S. Supreme Court Will Hear New Case On Public Employee Free Speech Rights
On January 17, 2014, the U.S. Supreme Court decided to hear the free speech retaliation case of Edward Lane. Lane, a former employee of the Central Alabama Community College District, alleged in federal court that he lost his job because he had testified in a criminal matter against a former co-worker. In deciding the case,…