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First Amendment

928 published works

  1. Connecticut Employment Law Blog

    First Amendment Retaliation Claims by Town Facilities Manager Tossed by District Court

    By Daniel Schwartz

    A former Branford Facilities Manager's claims that his employment was terminated due to protected speech and his political affiliation were effectively dismissed on Friday, February 25th when a federal court…

  2. Connecticut Employment Law Blog

    The Forgotten Case in First Amendment Cases – Second Circuit Revisits “Mt. Healthy”

    By Daniel Schwartz

    A few years ago, the U.S. Supreme Court came out with a fairly significant decision in Garcetti v. Ceballos which held that an employee's speech relating to a person's official…

  3. California Employment Law Update

    Ministerial Exception Barred Seminarians’ Claims For Unpaid Overtime

    By Tony Oncidi

    Rosas v. Corporation of the Catholic Archbishop, 627 F.3d 1288 (2010) (en banc) Cesar Rosas and Jesus Alcazar were Catholic seminarians who sued the Corporation of the Catholic Archbishop for, among…

  4. Constitutional Law Prof Blog

    Second Circuit Declares Vermont Pharma Anti-Datamining and Detailing Statute Unconstitutional

    By ConLawProf initials at end of post

    Reversing the district judge, a divided panel of the Second Circuit has declared unconstitutional Vermont's prohibition of the sale and use of prescriber-identifiable data.  In its opinion in IMS v. Sorrell…

  5. Constitutional Law Prof Blog

    Second Circuit on First Amendment Rights of Clerk of County Court

    By ConLawProf initials at end of post

    In an opinion issued this morning, the Second Circuit has allowed Bobette Morin's lawsuit against judges and court personnel in Ononganda County, New York to go forward. In Morin v. Tormey,…

  6. Labor Law Prof Blog

    Garcetti vs. Public School Teachers: Garcetti Wins and We All Lose

    By Workplace Prof

    Although the United States Supreme Court expressly decided not to weigh in on the issue in Garcetti v. Ceballos in 2006, the first major decision by an appellate court has…

  7. Constitutional Law Prof Blog

    Judge Phillips Denies Motion to Stay Order on “Don’t Ask, Don’t Tell”

    By ConLawProf initials at end of post

    In the latest round of Log Cabin Republicans v. United States, in which Federal District Judge has held the military's policy regarding "homosexuality" in the military unconstitutional, Judge Phillips has…

  8. Constitutional Law Prof Blog

    Don’t Ask, Don’t Tell Military Policy Enjoined by Federal Judge

    By ConLawProf initials at end of post

    In a brief order today, federal district judge Virginia Phillips, Central District of California, has permanently enjoined the military's "don't ask, don't tell" policy.  The judge had previously ruled that…

  9. Sixth Circuit Appellate Blog

    Sixth Circuit Clarifies Frameworks to be Applied when a Commercial Speaker Seeks First Amendment Protection

    By Squire Patton Boggs

    In Int’l Dairy Foods Ass’n v. Boggs, Nos. 09-3515, 09-3526 (6th Cir. Sept. 30, 2010).pdf the Sixth Circuit entered the fray surrounding the use of the artificial hormone recombinant bovine…

  10. Connecticut Employment Law Blog

    Second Circuit Throws Out Demoted Dean’s First Amendment Claim

    By Daniel Schwartz

    The Second Circuit ruled Friday that the University of Connecticut is entitled to "qualified immunity" on a School of Engineering Dean's claim that he was demoted in violation of his…