Skip to main content

Statute

First Amendment

932 published works

  1. Labor Law Prof Blog

    Garcetti, Free Speech, and Managerial Prerogative

    By Workplace Prof

    Lawrence Rosenthal (Chapman) has just posted on SSRN his article The Emerging First Amendment Law of Managerial Prerogative.   Here's an excerpt from the abstract: In Garcetti v. Ceballos, the SupremeCourt,…

  2. Sentencing Law and Policy

    Eighth Circuit issues ruling in faith-based prison appeal

    By Douglas Berman

    Main December 3, 2007Eighth Circuit issues ruling in faith-based prison appealThe Eighth Circuit today released its long-awaited opinion in Americans United v. Prison Fellowship U.S. Court of Appeals Case, No.…

  3. Labor Law Prof Blog

    Hutchinson on The First Amendment and Union Dues Restrictions

    By Workplace Prof

    Harry Hutchinson (George Mason) has posted on SSRN his forthcoming piece: Reclaiming the First Amendment through Union Dues Restrictions?Here's the abstract:In its recent Davenport v. WashingtonEducation Association decision, the United…

  4. Labor Law Prof Blog

    Umbehr’s Small Town Showdown

    By Workplace Prof

    One of the important, but often overlooked cases, in public employment free speech law is Board of County Commissioners v. Umbehr (U.S. 1996).Oyez.org succintly explains the facts and holding of…

  5. Sentencing Law and Policy

    What should we learn from the Jena 6 controversy?

    By Douglas Berman

    Main September 20, 2007What should we learn from the Jena 6 controversy? I have not blogged at all about the so-called "Jena 6" case, in part because it has not…

  6. Labor Law Prof Blog

    Detroit Cops Successful on First Amendment Retaliation Claim

    By Workplace Prof

    Although the Pickering framework has become increasingly difficult for plaintiffs to succeed under in a post-Garcetti world, there have been successes.  Take for instance this case concerning two formers cops…

  7. Media Law Prof Blog

    First Circuit Upholds Lower Court Decision That Tape of Arrest, Warrentless Search Posted on Website Protected by First Amendment

    By Media Law Prof Blog

    The First Circuit Court of Appeals has ruled that a political activist is likely to prevail on the merits, and is entitled to a preliminary injunction preventing the Massachusetts State…

  8. Labor Law Prof Blog

    Garcetti Incentives At Work

    By Workplace Prof

    One of the criticisms of the Supreme Court's decision in Garcetti v. Ceballos (U.S. 2006), which held that public employee have no First Amendment protections when speaking pursuant to their…

  9. inversecondemnation.com

    ▪ “For Sale” Signs on Cars on Public Property

    By Robert H. Thomas

    In a decision out of Ohio, the US Court of Appeals for the Sixth Circuit, held in Pagan v. Fruchey, No. 04-4414 (6th Cir. June 29, 2007) that the First…

  10. Labor Law Prof Blog

    In-Depth Analysis of Supreme Court Davenport Decision on Union Fees

    By Workplace Prof

    Thanks to Jeff for getting a summary of Davenport v. Washington Ed. Assn., Nos. 05-1589 and 05-1657 (U.S. June 14, 2007) (the Breyer concurrence is here) up so quickly.  The…