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
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
When does a City create a public forum for speech under the First Amendment? When can a City restrict which flags fly on a City flagpoles? When can a City limit religious speech under the First Amendment? The United States Supreme Court addressed these questions in its unanimous decision in Shurtleff v. City of Boston
In June 2021, the Supreme Court declined an invitation to overturn Employment Division, Department of Human Resources of Oregon v. Smith, its seminal 1990 case holding that a facially neutral and generally applicable law survives a challenge under the Free Exercise Clause if it is rationally related to a legitimate government interest. However, the
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
The First Amendment to the United States Constitution includes both an establishment clause and a free exercise clause. Of these, the free exercise clause is often invoked in the employment context to challenge employer policies that, while facially neutral and generally applicable, incidentally burden religion.
In Employment Division, Department of Human Resources of Oregon v.
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
In 2015, someone shot a police officer and a suspect was later arrested. While off-duty, a SWAT sniper commented on a friend’s Facebook post which linked to an article about the shooting. He wrote, “It’s a shame he didn’t have a few holes in him.” An anonymous tip came in about the post, there was
In March 2018, a Philadelphia Inquirer reporter alerted the City’s Department of Human Services (“Department”) that two of the foster care agencies with which it contracts – including Catholic Social Services (“CSS”) – refused to work with same-sex foster parents. The Department promptly conducted an investigation and, upon confirming that CSS refused to work with
