Topic
first amendment
2,545 published works
Mauck & Baker Blog
Mauck & Baker Alumni Involved in JANUS v. AFSCME Supreme Court Case
By Mauck Baker
For the past 41 years, public workers with no interest in joining their profession’s labor union had been required to pay union dues, despite their non-involvement. However, that precedent has…
California Employment Law Update
Supreme Court Bars Mandatory Union Dues For Public Employees
By Tony Oncidi
Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018) In a highly anticipated decision, the United States Supreme Court held that it is a violation of the First Amendment…
School Law
<i>Janus v. AFSCME:</i> Implementation Issues
By Thomas B. Mooney, Gabriel Jiran, Christopher Engler
On June 27, we issued an alert concerning the decision of the United States Supreme Court in Janus v. AFSCME (June 27, 2018). There, the Court held that mandatory agency fees…
The Right Coast
Supreme Court Reporter: ‘The Politics Of The First Amendment Have Completely Flipped’ : NPR
New York Times journalist Adam Liptak says the court's conservative justices have increasingly based their decisions on the foundation of free speech including a case that dealt a blow to…
Constitutional Law Prof Blog
District Judge Enjoins FDA Health Warnings for Cigars on First Amendment Appeal
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn a brief opinion in Cigar Association of America v. United States Food and Drug Administration, Judge Amit Mehta…
Constitutional Law Prof Blog
Check it Out: The Deregulatory First Amendment
Check out the conversation at Take Care on the deregulatory First Amendment. Charlotte Garden and Nikolas Bowie have posted so far. Posts to come from Caroline Mala Corbin and Catherine…
Supreme Court Update
Janus v. American Federation of State, County & Municipal Employees (16-1466), National Institute of Family and Life Advocates v. Becerra (16-1140), Ohio v. American Express Co. (16-1454)
By Kim Rinehart, Tadhg Dooley, David R. Roth
As we promised last week, we're back with the final bit of mop up from the exciting end of the 2017–18 term. And we've saved some of the best (or…
Employer Law Report
U.S. Supreme Court rules that public sector unions may no longer collect fees from nonmembers
On Wednesday, June 27, 2018, the United States Supreme Court ruled in a 5-to-4 decision that the application of public sector union fees to nonmembers is a violation of the…
PrawfsBlawg
(SCOTUS Term) Trying again with First Amendment retaliation
Main Thursday, June 28, 2018(SCOTUS Term) Trying again with First Amendment retaliationI wrote last week that the narrow and fact-specific decision in Lozman v. Riviera Beach reflected a vehicle failure--the…
Management Memo
Supreme Court Holds Requiring Public Sector Employees to Pay Representation Fees Is Unconstitutional – Violates Government Employees’ First Amendment Rights
By Adam C. Abrahms, Steven M. Swirsky
In its long awaited decision in Mark Janus v. American Federation of State, County and Municipal Employees, the United States Supreme Court clearly and unequivocally held that it is a violation…