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Articles Posted in First Amendment

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Supreme Court Sides With SnapChat Cheerleaders and Extends First Amendment to Protect Public Students Profane Off-Campus Statements

In an 8-1 decision, the U.S. Supreme Court has ruled in favor of a Pennsylvania teenager in a closely watched free speech case, after the student was suspended from her high school cheerleading squad after posting a series of profane “stories” to her social media Snapchat account. This case reexamined…

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High School Cheerleaders Free Speech Case Heads US Supreme Court

In our recent political climate, the First Amendment and protected speech have been prevalent topics of public discourse. The conversation around our constitutionally protected right to express ourselves freely often focuses on the words and actions of adults, especially adults in the public eye. But free speech is a right…

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Trump Campaign Gag Orders Are Unenforceable Against Employees Exercising First Amendment Rights

A former employee of Donald Trump’s 2016 Campaign has won a major legal victory against her former employer. Denson v. Donald J. Trump for President, Inc., Slip Copy, 2021 WL 1198666 (S.D.N.Y. March 30, 2021). Jessica Denson has won a summary judgment motion against the Campaign barring it from enforcing…

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Manchester HS Basketball Star Exercises First Amendment Rights In Response to BOE’s Attempt to Silence Her

In Manchester, a township in Ocean County, New Jersey where 92% of its approximately 43,000 residents are white, a star high school basketball player’s attempt to speak out against issues of race discrimination and inequity was shut down by the Board of Education. At the most recent Board meeting, star…

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Smith Eibeler Applauds Middletown North Valedictorian Jada Tulloch for Her Courageous Exercise of First Amendment Rights

The recent highly publicized deaths of George Floyd, Breonna Taylor and Ahmaud Arbery, among others, have cast a spotlight on race relations across the United States. Supporters of the Black Lives Matter movement in many cities have taken to the streets in protest of police brutality and systemic racism. In…

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New Jersey DCR Releases Findings and Recommendations Aimed to Prevent and Eliminate Sexual Harassment

The New Jersey Division of Civil Rights (DCR), in partnership with the New Jersey Coalition Against Sexual Assault (NJCASA), has released its report and recommendations to address the systemic problem of sexual harassment in New Jersey. The report entitled “Preventing and Eliminating Sexual Harassment” is the culmination of information, expertise…

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NBC Relieves Sexually Harassed Employees From Confidentiality Obligations

In the midst of increased public scrutiny concerning allegations of a toxic work environment, NBC has announced that it will not seek to enforce any non-disclosure agreements (“NDA”) against any former or current NBC employee who wishes to speak openly about incidents of sexual harassment.  The announcement comes in response…

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Federal Court Rules HR Director Inquiries into a Workplace Investigation as Protected Speech under First Amendment

The Third Circuit Court of Appeals has ruled in favor of a public employee who alleges she was terminated by her public employer for inquiring into a complaint that she had been illegally recorded during a conversation with a union leader.  In reversing the district court’s decision, the court reinforced…

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Federal District Court Refuses YMCA’s Request for Gag Rule in Sexual Harassment Lawsuit 

A recent federal court decision serves as a reminder of the extremely high burden a litigant has in order to close court proceedings from the public.  In our judicial system, the doors of the courthouse open in assuring the public’s right to access to the judicial process. This federal court…

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Second Circuit Court Denies Trump the Ability to Block Twitter Critics

The Second Circuit Court of Appeals issued a defeat to President Donald Trump and more importantly a victory for First Amendment Rights in July, finding that the President could not block individuals on the social media platform Twitter. In the matter, Knight First Amendment Institute at Columbia University v. Trump,…

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