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,
Ninth Circuit Issues First Amendment Ruling Applying the Legal Framework Set Forth by the Recent Dahlia Decision
This blog post was authored by Alex Polishuk
On Tuesday, December 3, 2013, the U.S. Court of Appeals for the Ninth Circuit, on the heels of its recent Dahlia v. Rodriguez decision that broadened police officers’ First Amendment rights, issued its ruling in another First Amendment case. In Hagen v. City of Eugene, the
Federal Court Recognizes Unique First Amendment Rights for College Faculty
This article was originally published in September 2013. The information has been reviewed and is up-to-date as of October 2023.
The U.S. Court of Appeals for the Ninth Circuit in the last several weeks decided two important First Amendment cases – Dahlia v. Rodriguez on the rights of peace officers, and Wynar v. Douglas County
Federal Appeals Court Broadens Scope of Law Enforcement Officer First Amendment Rights
On Wednesday, August 21, 2013, the U.S. Court of Appeals for the Ninth Circuit held in Dahlia v. Rodriguez that a Burbank police detective could assert a First Amendment retaliation claim based on his allegedly having complained to authorities about abusive interrogation tactics at his department. The case is significant because it expressly overturns a
A Defining Case on Union-Related Free Speech
The U.S. Court of Appeals for the Ninth Circuit has just issued a decision that expansively describes public employee protected free speech in the context of labor-management relations. On March 22, 2013, in Ellins v. Sierra Madre, the Ninth Circuit determined that a city police officer who served as union president could state a
Ninth Circuit Decision Reaffirms The Difficulty Members Of Law Enforcement Can Face In Asserting First Amendment Claims
Update: On December 11, 2012, the U.S. Court of Appeals for the Ninth Circuit decided to re-hear Dahlia v. Rodriguez en banc. Accordingly, public agencies can no longer rely on the three-Judge panel opinion discussed below. A panel of eleven Judges will re-hear the appeal. The opinion of that en banc panel of the