News & Analysis as of September 13, 2025

First Amendment

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Qualified immunity for law enforcement officers

McAfee & Taft on 9/8/2025

Originating from a 1982 U.S. Supreme Court opinion regarding the termination of government employees in retaliation for speaking out about the Nixon Administration, the doctrine of qualified immunity has been the law of the...more

Broadway Ruling Puts Discrimination Claims In The Limelight

Proskauer Rose LLP on 4/11/2024

Does the First Amendment right to free speech permit an employer to hire or fire an employee based on race? On its face, the proposition may seem absurd, especially as we approach the 60th anniversary of the Civil Rights Act...more

The Supreme Court Update - October 16, 2023

Dorsey & Whitney LLP on 10/17/2023

On October 13, 2023, the Supreme Court of the United States granted certiorari in 4 cases: Relentless, Inc. v. Department of Commerce, 22-1219: This is the second case that the Court has agreed to hear this term...more

Top 10 First Amendment Cases of the Supreme Court Term

Carlton Fields on 6/30/2022

The Supreme Court term that ended today once again showed the power of the First Amendment to shape American life. The court invoked the First Amendment in cases regulating social media platforms, prayer at public schools,...more

Court Refuses to Extend Bivens to Excessive Force and Retaliation Claims: SCOTUS Today

Epstein Becker & Green on 6/10/2022

Notwithstanding the fact that, as we approach the end of the term, the Court still had 30 cases to decide as of Wednesday morning, June 8, the day’s count has only been reduced by one. So, expect a flurry of cases with the...more

Supreme Court Decides Egbert v. Boule

Faegre Drinker Biddle & Reath LLP on 6/8/2022

On June 8, 2022, the U.S. Supreme Court decided Egbert v. Boule, No. 21-147, declining to recognize a cause of action for damages against a federal border agent for either a Fourth Amendment excessive-force claim or a First...more

Is a Censure a Form of Censorship Under the First Amendment?

Bond Schoeneck & King PLLC on 4/4/2022

In Houston Community College System v. Wilson, the Supreme Court of the United States recently addressed the scope of impermissible retaliation under the First Amendment in the context of a dispute between the members of the...more

Supreme Court Finds Censure of Community College Trustee Did Not Violate First Amendment

Troutman Pepper Locke on 3/31/2022

On March 24, the U.S. Supreme Court issued a unanimous decision in Houston Community College System v. Wilson, holding that the public censure of one of the plaintiff's elected trustees by his board colleagues did not violate...more

U.S. Supreme Court: College Board’s “Censure” Does Not Violate First Amendment

McGuireWoods LLP on 3/31/2022

In a unanimous decision, the U.S. Supreme Court concluded on March 24, 2022, that the Board of Trustees for the Houston Community College System (HCC) did not violate the First Amendment when it censured one of its members....more

U.S. Supreme Court Affirms First Amendment Protection of Elected Bodies to Censure Members

Jackson Walker on 3/30/2022

On March 24, 2022, the United States Supreme Court decided Houston Community College System v. Wilson, holding that an elected official does not possess an actionable First Amendment retaliation claim arising from a purely...more

U.S. Supreme Court Upholds Power of Elected Boards to Censure Their Own Members

Nossaman LLP on 3/29/2022

After years of recriminations and acrimony between members of the Board of Trustees for the Houston Community College System (“System”), the Board censured one of its members for “reprehensible” conduct–including speech–“not...more

Supreme Court finds censuring a board member didn’t violate First Amendment

Bricker Graydon LLP on 3/29/2022

The Supreme Court ruled last week that a college board’s censure of a trustee did not violate the First Amendment. David Wilson was an elected member of the Board of Trustees of the Houston Community College (HCC) System...more

Supreme Court Decides Houston Community College System v. Wilson

Faegre Drinker Biddle & Reath LLP on 3/25/2022

On March 24, 2022, the U.S. Supreme Court decided Houston Community College System v. Wilson, No. 20-804, concluding that an elected official does not possess an actionable First Amendment retaliation claim arising purely...more

The Supreme Court - November 5, 2021

Dorsey & Whitney LLP on 11/8/2021

Marietta Memorial Hospital v. Davita Inc., No. 20-1641: This case, involving the Medicare Secondary Payer Act, presents the following questions...more

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

Littler on 7/10/2018

The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on 6/8/2018

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

The Supreme Court - November 13, 2017

Dorsey & Whitney LLP on 11/14/2017

Today, the Supreme Court granted certiorari in the three cases: Minnesota Voters Alliance v. Mansky, No. 16-1435: Is Minnesota Statute Section 211B.11, which broadly bans all political apparel at the polling place,...more

Upcoming SCOTUS Term Promises To Be A Blockbuster

Fisher Phillips on 10/7/2017

If you are the kind of person who gets excited by hot-button legal topics and monumental court decisions, this is the Supreme Court term for you. The SCOTUS kicked off their 2017-2018 term several days ago by hearing...more

Did You Know…SCOTUS Ruling on Personnel Decision based upon Perceived Political Affiliation Impacts Public Employers

Nossaman LLP on 10/31/2016

The U.S. Supreme Court recently ruled on a matter involving “perceived affiliation”, bringing clarity to the matter, where the circuits provided discordant rulings. As a result, personnel actions based upon even mistaken...more

Misread Signs: U.S. Supreme Court Finds Employer’s Mistaken Belief about Employee Supports Retaliation Claim

Bradley Arant Boult Cummings LLP on 5/12/2016

Is it still retaliation if your boss fired you for something you didn’t actually do? In Heffernan v. City of Paterson, New Jersey, the U.S. Supreme Court said yes—your boss’s mistake does not get him off the hook for the...more

Demotion Based on Mistaken Belief Deprives Public Employee of Constitutional Rights

Best Best & Krieger LLP on 5/9/2016

U.S. Supreme Court Decision in Case Involving Political Campaigning Accusations - A government agency violated the constitutional rights of an employee who was demoted based on the mistaken belief that he violated the...more

But I Didn’t Mean To! U.S. Supreme Court Says Employer Intentions Govern in First Amendment Retaliation Case

McNees Wallace & Nurick LLC on 5/4/2016

For government employers, disciplining and terminating employees can be especially difficult. Not only does the public employer face the same challenges in complying with the standard alphabet soup of employment laws that...more

First Amendment Protects Public Employees Who Give Truthful, Sworn Testimony Outside The Scope Of Their Ordinary Job Duties From...

Laner Muchin, Ltd. on 7/18/2014

In Lane v. Franks, et al, Edward Lane was discharged as a program director at a state college after testifying in a criminal, public corruption case against an Alabama State Representative. Lane had previously discharged the...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

Employment Flash (June 2014)

Skadden, Arps, Slate, Meagher & Flom LLP on 7/1/2014

In This Issue: - NLRB Recess Appointments Unconstitutional - SEC Brings First-Ever Employment Retaliation Claim - EEOC Challenges Employer Severance Agreements - New York State Transportation Industry...more

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Supreme Court of the United States › Retaliation › First Amendment

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