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First Amendment Retaliation

25 published works

  1. California Public Agency Labor & Employment Blog

    Discontinuing A Business Relationship Can Raise First Amendment Concerns

    By David Urban

    A recent case has made clear that a government agency’s ceasing doing business with a company based on the viewpoints of the company’s owners can lead to First Amendment liability…

  2. Rocky Mountain Sign Law Blog

    Cop Critic Unsuccessful on Constitutional Claims in the 6th Circuit

    By Laura Salter

    In April, we blogged about Eubanks v. Woods, in which the Sixth Circuit reversed a district court’s grant of summary judgment in favor of Ohio police officers sued for First…

  3. Constitutional Law Prof Blog

    Fifth Circuit Rejects First Amendment Retaliation Claim for Union Activities

    By Steven D. Schwinn

    Steven D. Schwinn, University of Illinois Chicago School of LawThe Fifth Circuit earlier this week rejected free-speech and free-association claims of a public employee, who was also a public-union leader,…

  4. Constitutional Law Prof Blog

    Fourth Circuit Dings Union President’s First Amendment Retaliation Claim

    By Steven D. Schwinn

    Steven D. Schwinn, John Marshall Law SchoolThe Fourth Circuit ruled in McClure v. Ports that the Maryland Transit Authority didn't retaliate against a local union president in violation of the…

  5. Constitutional Law Prof Blog

    Fifth Circuit Clarifies: Nonfinal Decisionmaker Can Be Liable for Retaliation for Free Speech

    By Steven D. Schwinn

    Steven D. Schwinn, John Marshall Law SchoolThe Fifth Circuit ruled last week in Sims v. City of Madisonville, that a nonfinal decisionmaker can be liable for a retaliatory discharge against…

  6. Texas Employment Lawyer

    If an employer’s motive behind an adverse employment action is to retaliate against actions it reasonable considered to be protected by the 1st Amendment, it does not matter if the employee actually engaged in the protected activity.

    By Jairo N. Castellanos

    “Heffernan's supervisors demoted Heffernan from detective to patrol officer and assigned him to a “walking post.” In this way they punished Heffernan for what they thought was his “overt involvement”…

  7. McNees Public Sector

    But I Didn’t Mean To! Supreme Court Says Employer Intentions Govern in First Amendment Retaliation Case

    By Crystal Clark

    For government employers, disciplining and terminating employees can be especially difficult. Not only does the public employer face the same challenges in complying with the standard alphabet soup of employment…

  8. Texas Employment Lawyer

    In Section 1983 first amendment retaliation case, membership in a political association is considered speech protected by the first amendment.

    By Colin W. Walsh

    “The content—support for Kaelin’s opponent—and form—participation in a PAC—of the speech at issue clearly support the notion that it involved matters of public concern, as we have previously held that…

  9. Connecticut Employment Law Blog

    First Amendment Retaliation Claims Remain Alive (and Well?)

    By Daniel Schwartz

    After the U.S. Supreme Court's decision in Garcetti several years ago, there was a lot of chatter about whether public employees still had substantive First Amendment free speech rights. And for…

  10. New York Attorney Malpractice Blog

    1st Amendment Rights and Legal Malpractice

    By Andrew Lavoott Bluestone

    As the Appellate Division plows through the "what would have been the outcome" analysis of Ruotolo v Mussman & Northey    2013 NY Slip Op 02678   Decided on April 18, 2013…