Employment Litigation, First Amendment, Public Employers

Federal Court Refuses to Dismiss Claims Brought Under Pennsylvania’s Criminal History Record Information Act (“CHRIA”)

Tucker Arensberg, P.C. on 6/16/2025

Deivert v. Zartman and Borough of Northumberland, 2025 WL 83747 (M.D.Pa. 2025) - (Neither a municipality nor a municipal manager had immunity under the Pennsylvania Political Subdivision Tort Claims Act (“PPSTCA”) for the...more

Balancing Free Speech and Workplace Harmony: Navigating Political Expression in the Modern Office

Oppenheimer Investigations Group on 5/8/2025

A public-school teacher wears a MAGA hat at a training session on cultural sensitivity (Dodge v. Evergreen School District #114, 56 F.4th 767 (9th Cir. 2022)), an actress in a mega-million-dollar film posts controversial...more

Sixth Circuit Says Private Employers Not Subject to First Amendment Claims From Anti-Vax Workers

Parker Poe Adams & Bernstein LLP on 3/17/2023

When a social media platform bans a celebrity or politician due to violation of its rules and standards, we frequently hear that individual complain that the action violates their First Amendment rights to free speech. Every...more

Sixth Circuit rules officers have no first amendment right to record interviews during police misconduct investigations

Bricker Graydon LLP on 12/9/2022

Technology. It is the proverbial blessing and curse that has resulted in an increasing amount of litigation in the courts. One such lawsuit presented the issue of whether the First Amendment provides police officers and their...more

Sixth Circuit Backs Termination of Public Employee for Racially Derogatory Social Media Post on 2016 Presidential Election

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/11/2020

On October 6, 2020, in Bennett v. Metropolitan Government of Nashville, No. 19-5818, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s decision in favor of a public employee who claimed that the city...more

Court Holds Union Membership ‘Worthy of Constitutional Protection’

McNees Wallace & Nurick LLC on 9/24/2018

The Third Circuit Court of Appeals, the appeals court that has jurisdiction over federal cases in Pennsylvania, New Jersey, Delaware and the U. S. Virgin Islands, recently held that a public employer violates the First...more