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Social Media as "Speech"

Is a public-sector employee engaging in "speech" for purposes of the First Amendment when he "likes" a post on Facebook? A recent decision from the Eastern District of Virginia concludes that the answer is "no." In Bland v. Roberts (E.D. Va. Apr. 42, 2012), the court...

Lareau on Knox v. SEIU: A Mortal Wound?

SUMMARY : This Emerging Issues Analysis suggests that the importance of this case lies not in the conclusion the Court reached about special assessments for public sector unions, but in what the decision portends for the heretofore routine procedures used by public sector unions to collect fees from...

That's What They Said: Facebook "Like" Under the First Amendment, Same-Sex Marriage Benefits, Plus a Carnival

Now, where did I put the mustard for my deep fried Red Bull battered Twinkie dog? (Like I would ever use ketchup for that?!?) While I search for the spicy brown, I'll get you caught up on the latest employment-law news... Over at the Wall Street Journal's law blog , I read Joe Palazzolo...

SCOTUS on Public Employee Free Speech

We're coming down the home stretch of another SCOTUS season. We still have a few labor and employment law cases left ( Noel Canning and Harris v. Quinn ) - we should have decisions in the next week or two. Yesterday, the Supreme Court issued its opinion in Lane v. Franks [ enhanced opinion available...

Supreme Court Clarifies Scope of First Amendment Protections For Public Employees

In Lane v. Franks et al ., the Supreme Court unanimously held today that when a public employee testifies truthfully outside of the scope of ordinary job duties, he or she testifies as a private citizen and not as a public employee for purposes of First Amendment protections [lexis.com subscribers may...

Court: No First Amendment Right For Teacher to Trash Students Online

Welcome to The Employer Handbook. Extending the fifteen minutes of fame of a trash-talking blogger/teacher by a 300 word blog post. Dudes, do you remember Natalie Munroe? She's the teacher who enjoyed a cup of coffee in the spotlight a few years ago after getting suspended for bashing her...

U.S. Supreme Court Agrees to Hear Demoted Detective’s Free Speech Appeal

WASHINGTON, D.C. — (Mealey's) The U.S. Supreme Court on Oct. 1 granted a petition for writ of certiorari filed by a police detective after the Third Circuit U.S. Court of Appeals determined earlier this year that he failed to prove his case claiming that he was demoted in violation of the First...