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First Amendment › Political Speech › Social Media

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Littler

A Case Study on the First Amendment Defense for Entertainment Industry Employers

Littler on

The First Amendment traditionally offers robust protections for expressive employers, such as those in the entertainment and media industries, allowing them to control casting and messaging. In California, however, these...more

Constangy, Brooks, Smith & Prophete, LLP

10 social media tips for employers and employees

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Want to stay out of trouble? Read on! Did you know that this Sunday will be "Social Media Day"? Neither did I. But even after all this time, social media continues to get employees and employers in trouble. Here are six...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

Allen Matkins

Is The California Secretary of State Monitoring What You Publish Online?

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In 2018, the California legislature established a "ministry of truth" within the California Secretary of State's office - the Office of Elections Cybersecurity.  By statute, the OEC has a duty “to monitor and counteract false...more

Davis Wright Tremaine LLP

Supreme Court Is Positioned To Consider The Future Of The First Amendment Online

Davis Wright Tremaine LLP on

A series of recent and dramatic developments have squarely raised the question of how much latitude the government has under the First Amendment to regulate social media platforms. It will likely not be long before this issue...more

FordHarrison

The First Amendment: Where it is Implicated, and Where it is Not

FordHarrison on

Executive Summary: In the wake of the January 6, 2021, unrest at the United States Capitol Building and several social media outlets suspending President Trump’s accounts, free speech is a hot topic. Although the right to...more

Fisher Phillips

A Dealership’s Guide To Social Media, Free Speech, And The Election

Fisher Phillips on

You just learned that one of your employees expressed their opinion about the election on social media. Their unfiltered post includes slurs, and it is inflammatory at best. Had they made these same comments while at work,...more

Constangy, Brooks, Smith & Prophete, LLP

Politics in the workplace: A volatile combination!

Constangy, Brooks, Smith & Prophete, LLP on

On the eve of Election Day, what can employers do to keep their workplaces from exploding? What workplace speech is protected by the First Amendment or the National Labor Relations Act? When do political social media posts...more

Franczek P.C.

They Said What? First Amendment Issues in 2020

Franczek P.C. on

A presidential election like no other in history, a global pandemic causing an unprecedented economic and emotional toll on our communities, and a remote learning environment where virtual communication reigns, whether in the...more

Seyfarth Shaw LLP

Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

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Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more

Nossaman LLP

Trump's Tweets: A Warning That Public Officials' Personal Social Media Posts Might Actually Be The Government's

Nossaman LLP on

A recent federal appeals court decision, Knight First Amendment Institute v. Trump, concluded that action taken by the President through the use of his personal, not just official White House, Twitter account was considered...more

Best Best & Krieger LLP

President Trump Can’t Block Twitter Users, U.S. Appellate Court Rules

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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

Franczek P.C.

Key Lessons for School Officials and Other Public Employees from Recent Court Decision on Trump’s Twitter Account

Franczek P.C. on

As technology and social media continue to develop, so do legal questions surrounding their use by public entities and employees. On July 9, 2019, the Second Circuit Court of Appeals in Knight First Amendment Institute v....more

Ballard Spahr LLP

Second Circuit Affirms That President Trump's Blocking of Opponents on His Twitter Account Violates First Amendment

Ballard Spahr LLP on

The U.S. Court of Appeals for the Second Circuit yesterday became the third federal circuit court to hold that the interactive space of a government official’s social media account is subject to First Amendment strictures. In...more

Skadden, Arps, Slate, Meagher & Flom LLP

Anonymous Online Speech: Considerations for Victims and Speakers

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In today’s world — where social media has become a source of news for many — companies and individuals often find themselves the subject of negative and anonymous online comments. These comments can give rise to legal claims...more

Proskauer - Law and the Workplace

[Podcast]: Can-My-Employees Participate in Political Activities?

Proskauer - Law and the Workplace on

In this episode of the “Can My Employees Do That?” series, partner Elise Bloom and associate Michelle Gyves discuss whether employers can lawfully limit an employee’s participation in political activities, protests, and...more

Seyfarth Shaw LLP

Maryland State Government Employee’s Job Duties Reinstated after Demotion Following Facebook Post

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employees’ use of their personal social media accounts in ways that could impact an employer’s business present challenges to employers....more

WilmerHale

The Constitutionality of Criminalizing False Speech Made on Social Networking Sites in a Post-Alvarez, Social Media-Obsessed World

WilmerHale on

The emergence of social media led to profound changes in the way we interact with technology and each other. Every day — often without thinking — we use social media platforms for myriad purposes, including to keep family and...more

Jackson Walker

The Trump Administration Retweets and Retreats

Jackson Walker on

Perhaps now more than ever before, Twitter takes center stage for social and public discourse. Many have wryly commented that we elected a “Tweeter-in-Chief” with President Trump, due to his prolific tweeting about...more

Bradley Arant Boult Cummings LLP

Shock the Monkey: Police Officer Photo Post on Social Media Costs Him His Job

Bradley Arant Boult Cummings LLP on

When is a “joke” so not funny that you lose your job? The Mississippi Court of Appeals gave some direction on that question, affirming the City of Meridian’s termination of a police officer for an inappropriate (arguably...more

Jackson Walker

Paul Watler Speaks: Texas Supreme Court Opinions Firm Up Anti-SLAPP Rights For Online Journalists

Jackson Walker on

Online journalists and scholars from the Americas and around the globe recently gathered at the University of Texas at Austin to assess the state of internet-based journalism. The keynote address of the 16th annual...more

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