Subpoenas, Testimony, Trials

Subpoenaed Remote Testimony from Anywhere and Everywhere? Ninth Circuit Says No.

Butler Snow LLP on 5/8/2024

With the COVID pandemic, remote video depositions and trial testimony very quickly went from rare to routine. Remote testimony, for the most part, is viewed as a convenience to both witnesses and attorneys, and parties and...more

U.S. Supreme Court Finds Sworn Testimony Outside Scope of Regular Job Duties Entitled to First Amendment Protection

McNees Wallace & Nurick LLC on 7/2/2014

While the labor and employment law world is abuzz after the decisions in Burwell v. Hobby Lobby and Harris v. Quinn (cases this Blog will cover in the coming days), the United States Supreme Court also issued a decision...more

Supreme Court Finds Public Employee's Testimony in Criminal Trial Protected Under First Amendment

Parker Poe Adams & Bernstein LLP on 6/30/2014

Last week, the U.S. Supreme Court unanimously held that a public employee cannot be retaliated against by his employer based on testimony provided by him under subpoena in a criminal proceeding. In Lane v. Franks, the...more

First Amendment Protects Public Employees for Sworn Testimony Given Outside Scope of Regular Job Duties on Matters of Public...

Best Best & Krieger LLP on 6/27/2014

U.S. Supreme Court Makes Unanimous Ruling in Lane v. Franks - The First Amendment protects a public employee from adverse employment action taken in retaliation for providing truthful sworn testimony, compelled by...more

Supremes Rule That Trial Speech is Protected Speech

Sherman & Howard L.L.C. on 6/26/2014

Last week the U.S. Supreme Court issued an important decision affecting public employers and employee First Amendment rights to free speech. Lane v. Franks et al., No. 13-483 (U.S. June 19, 2014). Central Alabama Community...more

The Supreme Court Says Public Employee’s Court Testimony Protected From Retaliation Under The First Amendment, At Least To The...

Pullman & Comley - Labor, Employment and... on 6/25/2014

Eight years ago the United States Supreme Court, in Garcetti v. Ceballos, instructed that speech undertaken pursuant to a public employee’s job duties is “employee” speech and not “citizen” speech, and hence is not protected...more

U.S. Supreme Court Rules that Sworn Testimony by Employee is Protected by the First Amendment

Miller Canfield on 6/24/2014

Providing truthful, sworn testimony outside the course of ordinary job duties is First Amendment speech for the purposes of retaliation lawsuits, the U.S. Supreme Court ruled on June 19, 2004. The ruling prohibits a public...more

Did You Know…Compelled Public Employee Testimony May Be Protected By the First Amendment

Nossaman LLP on 6/24/2014

The Supreme Court’s recent unanimous decision in Lane v. Franks held that the First Amendment protects a public employee who provided truthful sworn testimony, compelled by subpoena, outside the course of his ordinary job...more

U.S. Supreme Court Unanimously Holds That Public Employee’s Truthful Subpoenaed Testimony Was Protected Speech Under the First...

Franczek P.C. on 6/23/2014

It has long been recognized that public employees are not excluded from First Amendment protection, and for more than 40 years the courts have wrestled with balancing the free speech rights of a public employee against the...more

Supreme Court Rules Public Employee’s Sworn Testimony Is Protected

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/20/2014

Declaring that “public employees do not renounce their citizenship when they accept employment,” the Supreme Court of the United States held today that the First Amendment protects a public employee’s truthful sworn...more

Supreme Court Decides Lane v. Franks

Faegre Drinker Biddle & Reath LLP on 6/20/2014

On June 19, 2014, the United States Supreme Court decided Lane v. Franks, No. 13-483, holding that a public employee's sworn testimony is entitled to First Amendment protection when it is given outside the scope of ordinary...more

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