Statute
First Amendment
932 published works
PrawfsBlawg
Can you sue a psychiatrist for malpractice?
Main Monday, November 23, 2020Can you sue a psychiatrist for malpractice?A divided Eleventh Circuit declared invalid a Florida municipal ordinance prohibiting conversion therapy. The court treated the ordinance as content-…
Ogletree Deakins Insights
Sixth Circuit Backs Termination of Public Employee for Racially Derogatory Social Media Post on 2016 Presidential Election
By Publisher, Samuel H. Ottinger
On October 6, 2020, in Bennett v. Metropolitan Government of Nashville, No. 19-5818, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s decision in favor of…
Constructlaw®
Governor Wolf’s Life-Sustaining Business Orders and Waiver Process Under Fire
By Bob Gallagher, Jamey Collidge
Gov. Wolf’s businesses closure orders and the business waiver process recently came under fire from the Western District of Pennsylvania Federal Court and the Pennsylvania Auditor General Eugene DePasquale. Gov.…
Labor & Employment Law Navigator
When Can an Employee Be Discharged for Using Racially Charged Language in a Political Social Media Post? The Sixth Circuit Court of Appeals Has Thoughts on the Matter
Recently, one federal court of appeals validated an employer’s decision to discharge an employee for posting a racially charged political statement on social media. In particular, the employee (a white…
PrawfsBlawg
Dorf on ending the anthem at sporting events
Main Monday, September 14, 2020Dorf on ending the anthem at sporting eventsMichael Dorf considers the argument, floated by former NBA coach Stan Van Gundy, for eliminating the national anthem from…
PrawfsBlawg
Two Pieces on Algorithms and Institutions
Main Monday, September 14, 2020Two Pieces on Algorithms and InstitutionsThis is a good time to be writing about institutions, which I have done for some time--and a depressing time for…
The Right Coast
Serious Deprivation Of Our Rights : San Francisco Archbishop Demands Mayor End Excessive Worship Restrictions, Cites First Amendment | The Daily Caller
The archbishop of San Francisco demanded in a statement Monday that the mayor ease what the archbishop calls unfair restrictions for worship gatherings that pose a serious deprivation of Catholics…
Ogletree Deakins Insights
Sixth Circuit Considers Public Employee’s Off-the-Clock Social Media Post in First Amendment Case
By By Samuel H. Ottinger, Rebecca J. Bennett
On August 19, 2020, in Marquardt v. Carlton, et al., No. 19-4223, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment for the City of Cleveland on…
The Right Coast
Political Giving Should Be Private – WSJ
A third of Americans fear being fired for their political beliefs. Unfortunately, for those who wish to support political campaigns, federal and state laws leave no place to hide. Cancel…
Criminal
“Unmuted: Solutions to Safeguard Constitutional Rights in Virtual Courtrooms and How Technology Can Expand Access to Counsel and Transparency in the Criminal Justice System”
The title of this post is the title of this timely new paper now on SSRN authored by Matt Bender. Here is its abstract:A defendant’s fundamental right to a public…