The 1st Amendment And Employment Law

Law360, New York (June 5, 2012, 1:44 PM EDT) -- Several types of First Amendment cases have taken center stage this year, as free speech lawsuits by public employees continue to proliferate. This post addresses three areas that qualify as “hot topics.”

Pressing “Like” on Facebook

Courts continue to struggle with how to address public employee claims for free speech retaliation based on statements made on Facebook or in other social media. In theory, such cases should not differ from traditional public employee free speech claims, and should have to satisfy the same elements.

In general,...
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