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Freedom of Expression

Dickinson Wright

The Freedom—and Limits—of Political Speech in the Workplace

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With the 2024 election quickly approaching, employers should expect an increase in political conversation and activity in the workplace. It is essential during political seasons for both employers and employees to understand...more

International Lawyers Network

Personality Rights – The Power of Influence, Its Misuse and Protection

INTRODUCTION - Publicity rights play an important role in India based on the culture of celebrity worship and the importance of the name, image, and likeness of sports, television and media personalities, political figures,...more

Robinson+Cole Manufacturing Law Blog

2024 Election – Can It Be A Hot Topic In Your Workplace?

With the 2024 election fast approaching, and political news exploding, manufacturers are asking an important question: What is the role of political bobbleheads, pins, stickers, and discussions in the workplace?...more

Bilzin Sumberg

Supreme Court’s Social Media Ruling Tilts Toward Free Speech

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The US Supreme Court this month declined to rule on whether Florida and Texas laws limiting social media platforms’ content moderation violates the First Amendment, sending the issue back to the lower courts. But in doing so,...more

Littler

Strike Two… Eleventh Circuit Upholds Injunction Against Florida “Stop-WOKE” Law; Confirms the Law Violates First Amendment

Littler on

Strike One… In 2021 Florida passed a unique law known as the Individual Freedom Act (IFA), or “Stop-WOKE” law (the state’s acronym for “Stop Wrongs to Our Kids and Employees”). The IFA contains two parts, one directed to...more

FordHarrison

EntertainHR: Can Employers Do That? The Limits of Free Speech

FordHarrison on

Public debate about the Israel-Hamas war demonstrates that Americans have strong, and often divergent, views on important social and political issues. Believing that their right to express those views is firmly grounded in...more

Hogan Lovells

The Tortoise and the Tories: a tale of exercising public functions

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In a decision highlighting the ostensible reticence of the Court at present to exercise judicial supervision in the political arena, the Court refused Tortoise Media permission to apply for judicial review in relation to the...more

Robinson+Cole Manufacturing Law Blog

Manufacturers’ Manual to Political Speech in the Workplace

As we approach election season, conversations about politics are quickly picking up across the country and in the workplace. Employers may be wondering how they can manage communications in the workplace....more

Littler

Inching Forward Toward Potential Clarification of Florida’s Individual Freedom Act (the “Stop-W.O.K.E.” Law)

Littler on

On August 24, 2023, over a year after Florida’s Individual Freedom Act (IFA) (commonly referred to as the “Stop-W.O.K.E.” law) went into effect, and about one year after a Florida federal court partially enjoined the new law,...more

Jaburg Wilk

Don’t Limit Your Imagination

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Imagination is a powerful tool that fuels creativity and innovation, as well as personal and professional growth. It allows you to envision possibilities beyond what currently exists and break free from the constraints of...more

Epstein Becker & Green

Second Circuit Permits Challenge to New York Reproductive Decision-Making Law

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The U.S. Court of Appeals for the Second Circuit issued a decision in Slattery v. Hochul, reversing the dismissal of a First Amendment challenge to New York Labor Law §203-e (also referred to as the “Boss Bill”). The Boss...more

Epstein Becker & Green

New York Law Prohibiting Discrimination Based on Reproductive Decision-Making Faces Scrutiny in the Second Circuit

Epstein Becker & Green on

The U.S. Court of Appeals for the Second Circuit issued a decision in Slattery v. Hochul, reversing the dismissal of a First Amendment challenge to New York Labor Law §203-e (also referred to as the “Boss Bill”). The Boss...more

Spilman Thomas & Battle, PLLC

West Virginia’s Student Press Freedom Bill – What Does It Mean

On March 11, 2023, the West Virginia State Legislature enacted the Student Journalist Press Freedom Protection Act (the “Act”), Senate Bill 121. The Act requires “public high schools, colleges, and universities [to] allow for...more

Carlton Fields

A Cautionary Note on Honking Your Own Horn

Carlton Fields on

On April 7, 2023, the Ninth Circuit Court of Appeals issued its decision in Porter v. Martinez, which addresses California’s law that prohibits honking a car horn except to warn of a safety hazard. Here, Susan Porter drove...more

American Conference Institute (ACI)

[Event] 14th Annual Law of Policing Conference, Eastern Edition - May 3rd - 4th, Toronto, ON, Canada

The Canadian Institute’s 14th Annual Law of Policing Conference, Eastern Edition, returns with curated programming that delves into the most critical challenges and controversial issues facing police services, police...more

Bradley Arant Boult Cummings LLP

Jack Daniel’s and Bad Spaniels: SCOTUS Hears Dog Fight Between Trademark Protection and Parodic Products

On Wednesday, March 22, the Supreme Court heard a case for the dogs — and trademark law. Whiskey maker Jack Daniel’s Properties, Inc., sued dog toy parody company VIP Products LLC for trademark infringement and dilution over...more

Littler

“Stop-WOKE” Takes Aim at Florida’s Colleges and Universities

Littler on

Florida’s most recent anti-“WOKE” legislation places diversity-related work and diversity-focused positions on state campuses under threat. House Bill 999 (Postsecondary Educational Institutions), which was approved in a...more

King & Spalding

Freedom of Expression in the Workplace in Europe – The Example of France

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Among the many fundamental rights protected by the European Convention on Human Rights – the European analog to the United States’ Bill of Rights – lies the freedom of speech. Article 10 of the European Convention states that...more

Seyfarth Shaw LLP

Firing the Boss: Second Circuit Holds New York’s “Boss Bill” Unconstitutionally Interferes with Employer’s First Amendment...

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Seyfarth Synopsis: On February 27th, 2023, the Second Circuit Court of Appeals (Second Circuit) issued its decision in Slattery v. Hochul, holding that Evergreen Association, Inc., a non-profit organization can challenge New...more

Irwin IP LLP

RICO Requires Transfer of Title to Forfeit Trademarks: USA v. Mongol Nation, No. 19-50176 and 19-50190 (9th Cir. Jan. 6, 2023)

Irwin IP LLP on

The Ninth Circuit recently affirmed the denial of the United States’ second motion for preliminary order of forfeiture of the Mongol Nation’s trademarks.  The Ninth Circuit held that the Racketeer Influenced and Corrupt...more

White & Case LLP

Infringement is still infringement, even in the metaverse: New York jury finds “MetaBirkin” infringing, not protected artistic...

White & Case LLP on

A nine-person jury in the Southern District of New York has found that "MetaBirkin" NFTs violate Hermès International SA's rights in its "Birkin" trademarks. This is the first trial to consider the intersection of NFTs and...more

McDermott Will & Emery

First Amendment Punches Out Alleged Lanham Act Violation

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Addressing the balance between trademark rights under the Lanham Act and the First Amendment right to protected expression, the US Court of Appeals for the Ninth Circuit affirmed a district court judgment finding that the...more

Sheppard Mullin Richter & Hampton LLP

Will Newsom’s Nicety Bill Curb Disruptive Behavior During Public Hearings?

The zeitgeist of pandemic-era American politics has been ugly. Really ugly. In an environment where civil disobedience skews uncivil, how do we balance the quintessentially American freedom of speech with the public...more

Foster Garvey PC

The Digital Services Act (“DSA”) – What You Need to Know

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The Digital Services Act (“DSA”) was published in the Official Journal Thursday. It becomes effective on November 16, 2022 and will start being enforced on February 17, 2024....more

FordHarrison

Stop and Go: Where Things Stand with Florida’s Stop WOKE Act

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Florida has made national news in the employment law sphere over the past six months with the passage, implementation, and temporary enjoinment of HB7, also called the Individual Freedom Act or “Stop WOKE Act.” The Act, which...more

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