On April 26, 2016, the U.S. Supreme Court decided that a public agency can incur liability for a First Amendment violation if it demotes or disciplines one of its employee based on the agency’s mistaken belief that the employee has exercised a right of free expression. The Court’s decision in Heffernan v. City of Paterson
Five First Amendment Issues to Watch in 2016 – Public Employment and Education
An unprecedented number of protests – at educational institutions and in city streets – occurred nationwide last year, and protests continue to serve as focal points for public attention and debate going into 2016. The legal realm concerning free speech is in a similar state of turbulence for public employers and for educators.
Here are
Art Projects And The Collision Of Title IX And Academic Freedom: Some Practical Tips
It 
was 100 years ago, in 1915, that the founder of conceptual art Marcel Duchamp left his native France to live in New York City. He was 28 years old, alone, and dependent on friends, but a short time after his arrival he “created” works that changed art forever. His idea was to take an
Social Media Maintained by Public Agencies – A Public Forum or Government Speech?
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
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
Part I
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