On March 15, 2024, the U.S. Supreme Court issued a long-awaited decision in Lindke v. Freed an important case concerning state action, the First Amendment, government officials, and social media. The decision provides clarity on how First Amendment free speech standards apply to government officials in curating public comments on their social media pages.
In
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
We are excited to announce a new video series designed especially to serve our public safety clients. Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
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
This post was authored by Jeffrey C. Freedman.
Picture this: you are your agency’s Human Resources Director. One morning a fellow Director from another Department comes to visit you. She tells you she was sitting before her home computer the prior evening and found a Facebook post from one of her employees complaining about
This post was authored by Ashley Bobo.
It was only this past June that the Supreme Court emphasized the impact of social media on the modern world. The court made it clear in Packington v. North Carolina that social media sites like Facebook and Twitter exist as some of “the most powerful mechanisms available
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
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
