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
The First Amendment in Employment and Education – Five Issues for 2021
This year saw perhaps the largest public protests in American history, one of the most contentious election years, vast public use of social media to achieve political and social goals, and harsh debate on whether government mandates designed to combat the pandemic infringe constitutional rights, including the right to free expression. Free speech challenges rose
Face It, Face Covering Policies Do Not Muzzle First Amendment Rights
Masks and face coverings have become part of the “new normal” for everyday life since the coronavirus pandemic began. As worksites continue to reopen across California, public employers have implemented face-covering policies based on recommendations and guidance from the Centers for Disease Control and Prevention (CDC), Occupational Safety and Health Administration (OSHA), Equal Employment Opportunity
Issues Public Employers Face During Mass Protest – Question and Answer
Our nation continues to react to the death of George Floyd, and this reaction includes the thousands who have participated in mass protests across the country. Many people feel compelled to speak openly and passionately about an issue of national importance. Public employees likely wish to express their views as well, and this includes not
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
White House Issues Executive Order On Free Speech In Higher Education
This Special Bulletin was authored by David Urban.
On March 21, 2019, the White House issued an Executive Order requiring federal agencies to withhold certain types of funds from higher education institutions that fail to comply with the First Amendment or federal laws, regulations, or policies on free inquiry. The Executive Order does not
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
Supreme Court Agrees to Look Again at Mandatory Agency Shop Fees
This post was authored by Amit Katzir
Last month, the U.S. Supreme Court agreed to review Janus v. AFSCME, a case out of Illinois challenging the constitutionality of mandatory agency shop fees for public employees. Illinois, like California, is one of several states where agency shop arrangements are authorized in the public sector.
Under
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.