Statute
First Amendment
928 published works
Connecticut Employment Law Blog
First Amendment Retaliation Claims by Town Facilities Manager Tossed by District Court
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…
Connecticut Employment Law Blog
The Forgotten Case in First Amendment Cases – Second Circuit Revisits “Mt. Healthy”
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…
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…
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…
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,…
Labor Law Prof Blog
Garcetti vs. Public School Teachers: Garcetti Wins and We All Lose
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…
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…
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…
Sixth Circuit Appellate Blog
Sixth Circuit Clarifies Frameworks to be Applied when a Commercial Speaker Seeks First Amendment Protection
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…
Connecticut Employment Law Blog
Second Circuit Throws Out Demoted Dean’s First Amendment Claim
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…