Employers Should Reevaluate Policies on Religious Expression at Work in Light of Kennedy v. Bremerton School District and Carson v. Makin -
With the commencement of school, public youth programs and 2022-23 budget cycles,...more
Lawful or Landmine? Court Rules on First Amendment Snares -
Municipalities throughout the country regulate signs and set policy for flag-flying on public property. Done right, these are lawful functions of local...more
SCOTUS Sets Aside New York Limits on Religious Gatherings-
The U.S. Supreme Court’s decision to halt, on First Amendment grounds, enforcement of New York’s COVID-19-related restrictions on indoor worship services...more
Court Invalidates Common Sign Ordinance on First Amendment Grounds -
A federal appeals court cited the First Amendment in invalidating some portions of the City of Troy, Mich.’s sign ordinance that are very common to many...more
9/18/2020
/ Advertising ,
Churches ,
Content-Based Restrictions ,
Content-Neutral ,
First Amendment ,
Free Speech ,
General Welfare Exclusion ,
Local Ordinance ,
Municipalities ,
Public Interest ,
Reed v Town of Gilbert ,
Signs ,
Standard of Review ,
Strict Scrutiny Standard
Part 2 in a PublicCEO Series -
Previously, we discussed local governments’ response to the novel coronavirus and the tension between governmental authority for emergency response and individual liberty. How does that...more
Part 1 in a PublicCEO Series -
The government’s broad powers to protect the public during declared emergencies are well-established, but this power is not unfettered. Emergency powers exist against a backdrop of individual...more
A California Federal Court Weighs-In on Religious Group’s Challenge -
A federal court in California refused to stop enforcement of state and county COVID-19 health orders that barred large gatherings, including religious...more
The First Amendment guarantees the right to petition the government, which includes the right to participate in elections. These protections apply to individuals and businesses involved in paid and unpaid...more
10/3/2019
/ Campaign Disclosure Laws ,
Citizens United v Federal Election Commission ,
Compelling Governmental Interest ,
Contribution Limits ,
Corporate Entities ,
Ex-Parte Communications ,
Federal Elections ,
First Amendment ,
Lobbying ,
Local Elections ,
Political Contributions ,
Political Reform Act ,
Political Speech ,
Right to Petition the Government ,
State and Local Government ,
State Contractors ,
State Elections ,
Strict Scrutiny Standard
The court concluded its opinion with an observation that at this time in history, “wide-open, robust debate” is the best assurance of good government.
The Second Circuit U.S. Court of Appeals ruled last week that public...more
7/19/2019
/ Data Blocking ,
Donald Trump ,
Embedded Tweets ,
First Amendment ,
Free Speech ,
Online Platforms ,
Political Speech ,
Public Employees ,
Public Forum ,
Public Officials ,
Risk Management ,
Social Media ,
Twitter
A public school board’s policy and practice of opening its public meetings with invocation was struck down by a federal appeals court. In Freedom From Religion Foundation, Inc. v. Chino Valley Unified School District Board of...more
Overview: The Ninth Circuit recently upheld as constitutional a city council’s practice of opening its sessions with prayer. The court upheld the city’s policy concerning such prayers, which extended the invitation to lead...more