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

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

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

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. 

Supreme CourtOn 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

US Supreme CourtAn 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

Santa_Monica_Beach_with_pier_4Last week, the United States Court of Appeals for the Ninth Circuit upheld a Santa Monica City ordinance which prohibited unattended exhibits in Palisades Park, among them displays of the Nativity Scene, erected annually by the Santa Monica Nativity Scenes Committee.  The Court found that the City’s ordinance was a valid content-neutral time, place, and