Topic
First Amendment Retaliation
25 published works
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…
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…
Constitutional Law Prof Blog
Fifth Circuit Rejects First Amendment Retaliation Claim for Union Activities
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,…
Constitutional Law Prof Blog
Fourth Circuit Dings Union President’s First Amendment Retaliation Claim
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…
Constitutional Law Prof Blog
Fifth Circuit Clarifies: Nonfinal Decisionmaker Can Be Liable for Retaliation for Free Speech
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…
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.
“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”…
McNees Public Sector
But I Didn’t Mean To! Supreme Court Says Employer Intentions Govern in First Amendment Retaliation Case
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…
Texas Employment Lawyer
In Section 1983 first amendment retaliation case, membership in a political association is considered speech protected by the first amendment.
“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…
Connecticut Employment Law Blog
First Amendment Retaliation Claims Remain Alive (and Well?)
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…
New York Attorney Malpractice Blog
1st Amendment Rights and Legal Malpractice
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…