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
New Guidance on Employer Control Over Employee Social Media
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
Don’t Click “Block” Just Yet: Judge Rules Public Officials, Including the President, Can’t Block People on Twitter
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
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
Five First Amendment Issues to Watch in 2016 – Public Employment and Education
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
First Amendment Law in 2015 – 8 Areas to Watch (Part II)
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
First Amendment Law in 2015 – 8 Areas to Watch
Part I
The year 2015 will likely be a stand-out year for new developments in First Amendment law. The end of this year has seen free speech at the top of the news on a near-daily basis. Protests of police department practices, sparked by events in Ferguson, Missouri and New York City, swept the country