News & Analysis as of

Free Speech

Wiley Rein LLP

[Webinar] Critical Issues in Higher Education: Title VI, Free Speech, Foreign Funding, and More - May 6th, 1:00 pm - 2:00 pm EDT

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This webinar will dive into recent actions by the Trump Administration and the emerging risks faced by universities and research institutions. Panelists will focus on the implications of key legal and policy shifts, as well...more

Fisher Phillips

Politics, Protests, and Posts: What Employers Can (and Can’t) Do About Employee Speech in a Polarized Climate

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As political tensions surge and employee expression spills into every corner of the modern workplace, employers are finding themselves caught in the crossfire. From off-hours protests to heated workplace debates and viral...more

Blake, Cassels & Graydon LLP

La CSC annule les plafonds liés aux dépenses de publicité politique faite par des tiers en période préélectorale en Ontario

Les tiers qui exercent des activités de publicité politique en Ontario devraient s’attendre à des changements dans l’avenir, la Cour suprême du Canada (la « CSC ») ayant rendu sa décision dans le cadre de la contestation...more

Sheppard Mullin Richter & Hampton LLP

Arkansas’ Kids Social Media Law: Another One Bites the Dust

Arkansas’ second attempt at regulating minor’s access to social media – in the form of the Social Media Safety Act (SB 689) – has again been struck down as unconstitutional. The court permanently enjoined the state from...more

Snell & Wilmer

Arizona High Court Explains Decision Affirming Legislative Council’s Publicity Pamphlet Summary for 2024 Abortion Initiative

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In August 2024, the Arizona Supreme Court issued a decision holding that the Arizona Legislative Council’s analysis of the Arizona Abortion Access Act Initiative (Prop 139), substantially complied with statutory requirements...more

Husch Blackwell LLP

State-By-State Guide to Ag-Gag Legislation - April 7 2025

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Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more

Husch Blackwell LLP

Federal Judge Upholds Iowa Ag-Gag Law in Constitutional Challenge

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On March 19, 2025, U.S. District Court Judge Stephanie Rose of the Southern District of Iowa determined that Iowa Code § 727.8A—a law passed in 2021 that prohibits unauthorized access to private property in order to record...more

Ice Miller

The Evolving Diversity, Equity, and Inclusion Landscape: What to Do Now?

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In January 2025, President Donald J. Trump signed several Executive Orders immediately after being sworn into office. Executive Order 14151 “Ending Radical and Wasteful Government DEI Program and Preferencing” and Executive...more

Littler

Federal District Court Temporarily Enjoins DEI Certification Provision for DOL Grant Recipients

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On March 27, 2025, a judge for the Northern District of Illinois granted a temporary restraining order (TRO) against the DEI Certification and Termination Provisions authorized by President Trump’s Executive Orders 14151 and...more

Allen Matkins

Can Common Interest Communities Ban Religious Displays On Doors And Doorframes?

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The Nevada legislature is currently considering a bill, SB 201, that would restrict, with certain exceptions, an association or unit’s owner who rents or leases his or her unit from prohibiting a unit’s owner or occupant of a...more

BCLP

Missouri House of Representatives Passes HB 575, Imposing Residency Requirements and Banning Per-Signature Payments for Initiative...

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Today, the Missouri House of Representatives passed House Bill 575, which contains two new provisions applicable to statewide initiative petition circulators....more

Goldberg Segalla

Is Environmental Activism Litigation in Trouble?

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In a landmark decision, a North Dakota jury has ordered Greenpeace to pay over $660 million in damages to Energy Transfer, the company behind the Dakota Access Pipeline (DAPL). This verdict stems from Greenpeace’s involvement...more

Holland & Hart LLP

New Rules for Public Employers, Courtesy of the Wyoming Legislature

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The Wyoming Legislature has wrapped up its 2025 session, but not before adopting several new laws governing public employers. Three of these laws were not specifically drafted as employment laws, but will have significant...more

Hinckley Allen

Connecticut Supreme Court Protects Free Speech in Online Racism Dispute

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Amidst an increasingly polarized social climate that often manifests on social media, the Connecticut Supreme Court recently affirmed that calling someone on Facebook a “racist” or “white supremacist” could not be the basis...more

Seyfarth Shaw LLP

Federal Contractor DEI Certifications Allowed to Resume After Fourth Circuit Temporarily Blocks District Court's Nationwide...

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On March 14, 2025, the Fourth Circuit reversed a lower court's nationwide injunction that blocked key portions of President Trump's January 2025 Executive Orders on DEI programs. While the appeal is pending, federal agencies...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fourth Circuit Reopens Trump DEI-Related Executive Orders, Halts Preliminary Injunction

On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the government’s request to stay a Maryland federal judge’s nationwide preliminary injunction that had blocked key portions of the president’s...more

TNG Consulting

[Event] 2025 Summer Symposium - June 9th - 14th, Portland, OR

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ATIXA is pleased to announce our Summer Symposium in Portland, OR! Join us from June 9-14, 2025, to engage with colleagues and faculty while receiving valuable in-person training and certification. Enhance your skills,...more

TNG Consulting

[Webinar] Your Guide to Getting Certified in Title VI Compliance - April 24th, 2:00 pm - 3:00 pm ET

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Join the first in ATIXA’s Guide to Title VI Compliance & Best Practice webinar series to explore our training and certification pathways for Title VI compliance. A strong internal training plan is essential for higher...more

Dorsey & Whitney LLP

The Supreme Court Update - March 10, 2025

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Today, the Supreme Court of the United States granted certiorari in two cases: Berk v. Choi, No. 24-440: Many states, including Delaware in this case, have “affidavit of merit” statutes that require certain types of...more

Jackson Lewis P.C.

DEI Injunction Stands: Court Denies Trump Administration’s Motion to Stay

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A federal district court judge for the district of Maryland on March 3, 2025, denied the Trump Administration’s motion to stay implementation of a Feb. 21, 2025, preliminary injunction temporarily prohibiting the...more

Latham & Watkins LLP

Court Upholds Scope of Preliminary Injunction Regarding DEI Executive Orders

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A Maryland federal judge refused to suspend or narrow the nationwide preliminary injunction against DEI-related executive orders....more

Sheppard Mullin Richter & Hampton LLP

Mandatory Captive Rules in Limbo for California Employers – 2 Federal Lawsuits Challenge SB 399 and Looming Issue Before the NLRB

As discussed in our recent article, the introduction of SB 399 in California (approved and added as California Labor Code section 1137) sparked significant discussion and concern among California employers with union...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge Denies Bid to Stay Preliminary Injunction Blocking President Trump’s DEI-Related Executive Orders

On March 3, 2025, a federal judge in Maryland refused to halt a preliminary injunction blocking key parts of two of President Donald Trump’s executive orders (EO) seeking to eliminate “illegal” diversity, equity, and...more

Schwabe, Williamson & Wyatt PC

Recent DEI Executive Orders Temporarily Blocked by Federal Judge

On February 21, Judge Adam B. Abelson of the United States District Court for the District of Maryland issued a preliminary injunction that temporarily bars the Trump administration from implementing major portions of two...more

Esquire Deposition Solutions, LLC

Free Speech Case Tests Texas Rule on Pre-Suit Depositions

Everything is bigger in Texas. Even pretrial discovery rules, which permit depositions to be taken merely for the purpose of investigating whether a lawsuit should be filed. No state is more permissive when it comes to...more

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