Matthew Hoffman on First Amendment

Confidentiality Provision of Educator Discipline Act Ruled Unconstitutional

Pennsylvania’s Educator Discipline Act governs educator misconduct complaints filed with the Department of Education for investigation and, if warranted, discipline. 24 Pa. Stat. Ann. § 2070.9. Once a misconduct complaint is...more

1/30/2024 / Administrative Hearings , Confidential Information , Criminal Prosecution , Department of Education , Disciplinary Proceedings , Educational Institutions , Employee Misconduct , First Amendment , Misdemeanors , Professional Disciplinary Actions , Public Schools , School Districts , Settlement Agreements , Strict Scrutiny Standard , Teachers , Unconstitutional Condition

High School Football Coach’s Mid-Field, Post-Game Prayer Ruled Protected Speech

Kennedy v. Bremerton School District, 597 U.S. __ (2022) (The United States Supreme Court concludes that a coach praying at mid-field following a high school football game was engaged in private religious expression...more

9/26/2022 / Adverse Employment Action , Coaches , Constitutional Challenges , Educational Institutions , First Amendment , Free Exercise Clause , Free Speech , Kennedy v. Bremerton School District , Prayer , Public Employees , Religious Expression , School Districts , SCOTUS

“Civility” Policy for Public Participation at School Board Meetings Found Unconstitutionally Vague

Marshall v. Amuso, No. 21-CV-4336 (E.D.Pa. November 17, 2021). (Federal court concludes that school board policy governing public participation at school board meetings was unconstitutionally vague and an infringement on free...more

3/3/2022 / Civility , Constitutional Challenges , First Amendment , Free Speech , Offensive Language , Public Comment , Public Meetings , School Boards , School Districts , Sunshine Act

Dissident Board Member Not Deprived of Civil Rights by Cold Shoulder of Majority

Kathleen Wright Croft v. Donegal Township, 2021 WL 1110567 (W.D. Pa. 2021) (A township supervisor’s motion for a preliminary injunction against her fellow supervisors was denied upon finding that she was not deprived of...more

6/28/2021 / Board Members , Due Process , Equal Protection , First Amendment , Municipalities , Preliminary Injunctions , Public Officials , Retaliation , State and Local Government , Sunshine Act

School District Effort to Prohibit Students' Political Attire Enjoined

Morgan v. Mifflin County School District, Case No. 1:2–CV-01930 (M.D. Pa. 2020). The United States District Court for the Middle District of Pennsylvania issued a restraining order enjoining a school district policy...more

4/22/2021 / Dress Codes , First Amendment , Fourteenth Amendment , Free Speech , Political Speech , Public Schools , Restraining Orders , School Districts

Municipality’s Retaliation against Newspaper for Unfavorable Press Leads to Civil Rights Claim

Press and Journal, Inc. v. Borough of Middletown, Civil Action No. 1:18-CV-2064 (M.D. Pa. 2018) (Borough faces a civil rights claim for retaliation against newspaper for unfavorable press coverage). BACKGROUND - The...more

6/12/2019 / Advertising , Constitutional Challenges , First Amendment , Free Speech , Government Entities , Independent Contractors , Motion to Dismiss , Municipalities , Newspapers , Public Employees , Retaliation , Service Contracts

Citizen’s Suit Against Individual School Directors For Categorical Ban From Attending Future School Board Meetings Dismissed

Barna v. Board of School Directors of the Panther Valley School District, Case No. 15-3904 (3d Cir. 2017). The United States Court of Appeals for the Third Circuit affirmed the dismissal of a citizen’s suit against individual...more

1/30/2018 / Board Meetings , Directors , Dismissals , First Amendment , School Bonds

Matthew Hoffman

Tucker Arensberg, P.C.

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