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Private Sector Free Speech

Whitman Legal Solutions, LLC

2024 Brought Heightened Awareness of Political Speech in the Workplace

Employers will continue to difficult decisions about setting the tone and culture of their workplaces (which may involve taking a stand on political issues) and how to minimize business disruptions due to employee disputes....more

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

Political Speech in the Workplace: Strategic Considerations for Employers

Political speech in the workplace has become a growing concern for employers in recent years. The polarized political climate, combined with the increasing use of social media and digital communication, has amplified the...more

Whitman Legal Solutions, LLC

Private Employers Often Can Restrict Political Speech at Work

This article discusses whether an employer can discharge an employee whose viewpoint about the war differ from the employer’s. Although this article describes a recent news report about a pro-Israel business, the law applies...more

Genova Burns LLC

Digital Walls Surrounding Speech on Social Media Crumble: NJ Appellate Division Upholds Employee Termination for Racist Facebook...

Genova Burns LLC on

On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to...more

Butler Snow LLP

Employer’s Interests Outweigh Free Speech Rights of Employee Fired for Using Racial Slur

Butler Snow LLP on

Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace. A public employee may not be...more

Hinshaw & Culbertson - Employment Law...

Five Issues for Employers to Consider as Political and Social Activism Surges in the Workplace

Six months into a global pandemic, employers across the United States continue to deal with a series of new economic realities. More employees are working from home, with companies continuing to reevaluate their business...more

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

Social Media Posts During Turbulent Times: FAQs on Employee Rights and Employer Responsibilities

Many people have commented on social media regarding the anti-racist movement that has been gaining strength in the wake of police officers killings around the country. Unfortunately, some of these posts are inflammatory,...more

Wilson Sonsini Goodrich & Rosati

Second Circuit Affirms That President Trump Cannot Block Critics on Twitter

In a closely watched case, the Second U.S. Circuit Court of Appeals held on July 8, 2019 that President Trump violated the First Amendment by blocking disfavored users on his @RealDonaldTrump Twitter account. This important...more

Faegre Drinker Biddle & Reath LLP

Second Circuit Holds That Blocking Users’ Access To Presidential Twitter Account Violates First Amendment

On July 9, 2019, the U.S. Court of Appeals for the Second Circuit held that the First Amendment prohibits the government from blocking social media users from accessing the Twitter account @realDonaldTrump. See Knight First...more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Jackson Walker

The First Amendment and Social Media Commentary

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Social media platforms like Facebook and Twitter typically allow users to delete unwanted commentary or block others with whom they disagree from posting on the user’s page or post. The subject matter of the offending...more

Best Best & Krieger LLP

Colorado Cake Bias Case Holds Lessons for Public Agencies - U.S. Supreme Court Opinion Shows Importance of Eliminating Bias from...

The high-profile U.S. Supreme Court decision regarding a Colorado wedding cake has important implications for public agencies, which must often act in a quasi-judicial capacity. ...more

Troutman Pepper

Let Them Eat Cake: U.S. Supreme Court Admonishes Colorado Civil Rights Commission To Avoid Anti-Religious Bias

Troutman Pepper on

Q: Can an employer discriminate against members of the LGBT community on the basis of the employer’s religious beliefs? ...more

Orrick - Employment Law and Litigation

Let Them Eat Cake: Religious Accommodations, LGBTQ Rights and Other Workplace Implications of SCOTUS’ Masterpiece Cakeshop...

In a highly anticipated ruling, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, U.S. Supreme Court ruled 7-2 in favor of a cake shop owner who refused to make a wedding cake for a same-sex couple because of...more

Orrick - Employment Law and Litigation

Baker Takes the Cake in U.S. Supreme Court’s Narrow Holding on Refusal to Make Wedding Cake for Same-Sex Couple

On June 4, 2018, a 7-2 United States Supreme Court in Masterpiece Cakeshop Ltd. et al. v. Colorado Civil Rights Commission et al. reversed discrimination penalties against a baker who refused to create a wedding cake for a...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Holland & Knight LLP

Supreme Court's "Narrow" Wedding Cake Ruling a Cautionary Tale for Government Decision-Makers

Holland & Knight LLP on

• The U.S. Supreme Court on June 4, 2018, ruled 7-2 in favor of Jack Phillips, a Colorado baker who told a same-sex couple in 2012 that he would not create a cake for their wedding celebration because of his religious...more

FordHarrison

U.S. Supreme Court Sides with Wedding Cake Baker in Gay Rights Case Based on Civil Rights Commission's Impermissible "Hostility"

FordHarrison on

On June 4, 2018, the United States Supreme Court, in a 7-2 ruling, found in favor of Jack Phillips, owner of Masterpiece Cakes, who refused to make a wedding cake for a same-sex couple. He cited religious beliefs condemning...more

Seyfarth Shaw LLP

The Supreme Court’s Decision in Masterpiece Cakeshop Provides Little Guidance on Intersection of Religious and LGBT Rights

Seyfarth Shaw LLP on

In a largely symbolic ruling, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, the Supreme Court ruled 7-2 in favor of a cake shop owner who refused to make a wedding cake for a gay couple based on his...more

Franczek P.C.

Supreme Court Rules in Favor of Baker Who Refused to Create Wedding Cake for a Same-Sex Marriage, but Does Not Open the Door for...

Franczek P.C. on

In a limited opinion issued, the Supreme Court ruled in favor of a Colorado baker who refused to create a wedding cake for a same-sex couple. However, the Court’s decision in the case, Masterpiece Cakeshop, Ltd. v. Colo....more

Sands Anderson PC

Discriminating on the Basis of Religious Belief: Limited Lessons for Governments and Businesses from Masterpiece Cakeshop

Sands Anderson PC on

The US Supreme Court decided yesterday what Court watchers thought might be a landmark case deciding whether the rights to free exercise of religion and free speech trumped the rights of gays and lesbians to have access to...more

Bowditch & Dewey

Colorado Baker Rises to Top of SCOTUS Decision

Bowditch & Dewey on

In fall 2017, The Supreme Court of the United States heard Masterpiece Cake Shop, Ltd., et al v. Colorado Civil Rights Commission et al, which led to a recent decision. The following is an update on a previously written post...more

Robinson+Cole RLUIPA Defense

SCOTUS Rules Baker Who Refused Wedding Cake To Same-Sex Couple Suffered Religious Discrimination

The Supreme Court issued its anticipated decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. ...more

Rumberger | Kirk

Did The Supreme Court Kick The Cake Down The Road In Masterpiece Cakeshop, Ltd., Et Al. V. Colorado Civil Rights Commission?

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By a majority of 7–2, the Court ruled in favor of Colorado-based baker Jack Phillips, who in 2012 refused to sell to a same-sex couple a wedding cake intended for a celebration following the couple’s out-of-state marriage....more

Fisher Phillips

Supreme Court’s Same-Sex Wedding Cake Decision Does Not Grant Right To Discriminate

Fisher Phillips on

In a 7-to-2 decision, the Supreme Court ruled today that a baker’s Free Exercise Clause rights under the Constitution were not properly considered by the Colorado Civil Rights Commission when it held that he was legally...more

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