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First Amendment
932 published works
Labor Law Prof Blog
Garcetti, Free Speech, and Managerial Prerogative
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,…
Sentencing Law and Policy
Eighth Circuit issues ruling in faith-based prison appeal
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.…
Labor Law Prof Blog
Hutchinson on The First Amendment and Union Dues Restrictions
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…
Labor Law Prof Blog
Umbehr’s Small Town Showdown
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…
Sentencing Law and Policy
What should we learn from the Jena 6 controversy?
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…
Labor Law Prof Blog
Detroit Cops Successful on First Amendment Retaliation Claim
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…
Media Law Prof Blog
First Circuit Upholds Lower Court Decision That Tape of Arrest, Warrentless Search Posted on Website Protected by First Amendment
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…
Labor Law Prof Blog
Garcetti Incentives At Work
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…
inversecondemnation.com
▪ “For Sale” Signs on Cars on Public Property
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…
Labor Law Prof Blog
In-Depth Analysis of Supreme Court Davenport Decision on Union Fees
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…