Commentary

Today, in a short per curiam (unauthored) opinion the Supreme Court decided Gonzalez v. Trevino, offering guidance as to how a plaintiff may prove a retaliatory arrest claim even where probable cause existed for the arrest.  The decision follows the Court’s 2019 decision in Nieves v. Bartlett where the Court held that although a plaintiff must generally plead and prove the absence or probable cause to bring a First Amendment retaliation claim, that rule was subject to a “narrow qualification”...

Yesterday, in National Rifle Association v. Vullo, the Supreme Court unanimously held that while the government is free to “‘say what it wishes’” and “select the views that it wants to express,” it may not “wield its power… in order to punish or suppress” speech.  In this case, the Court found the NRA (at the motion to dismiss stage) had plausibly alleged that a former superintendent of the New York Department of Financial Services (DFS), Vullo, had violated the First...

IMLA celebrates Black History Month! For every month of the year, IMLA continues to advocate and support racial equity programs and inclusive legislation that protect and support BIPOC and LGBTQIA+ communities across the United States and Canada.  Through our Diversity Group, IMLA has provided Zoom meetings and resources to better support our members to advance diversity initiatives and inclusive policies on a local level that remain under attack, especially through state preemption. This February is a month of celebration and recognition...

The views and opinions expressed in the guest blog post are solely those of the individual authors and do not necessarily reflect the official policy or position of IMLA. We do not endorse or guarantee the accuracy of any information presented in these guest posts, and readers are reminded that this post is not intended to provide legal advice. Pets are an important part of American life, with more than two-thirds of U.S. households counting cats and/or dogs among their members....

During the IMLA Seminar on Friday, 4/21 Amy Howe, a prominent Supreme Court reporter predicted that the Supreme Court could grant two important First Amendment social media cases as early as Monday, 4/24, which is exactly what happened.  The cases are Lindke v. Freed and O’Connor-Ratcliff v. Garnier, and they involve almost identical issues: Whether an elected official violates the First Amendment by blocking someone from their social media account where that account purports to be personal in nature (though...

Last month was Women’s History Month.  In honor of that, IMLA would like to congratulate all of the nominees from our amazing membership. We would like to recognize those nominated and those not for their accomplishments and commitment to local government across the United States. Marianne Banks Attorney - Austin, Texas Marianne has been active in IMLA (formerly NIMLO) since 1987 and has spent over 36 years practicing primarily municipal law. She was in the first class of Fellows designated in 1999 and has...

Background Item One: Times, Places, and Manners: We know that in all elections–presidential, Congressional, or local–the ease of access to the ballot box, the conditions on proving voter identity, the use of mail-in ballots, the timing when votes can be counted, and many other factors, can play a huge role in voter participation and ultimately in outcomes.  When it comes to federal elections, the Framers allocated to the “Legislature” of each state significant authority over those factors.  As Article 1...

Happy Black History Month! February is nationally recognized to celebrate the achievements of African Americans.  Along with the U.S. and Canada, IMLA shares in celebration and recognition of our members’ achievements.  IMLA continues its mission, beyond the month of February, to provide our membership with the most updated resources on equity, bias, and racial injustice.  IMLA acknowledges that legal advancement co-exist with new legal barriers.  IMLA will continue to provide the necessary resources for local governments to achieve sustainable, equitable and...

Somos únicos. Somos unidos. Somos Latinos.  From September 15- October 15, the United States recognizes and celebrates National Hispanic Heritage Month.  This month-long recognition is meant to celebrate the contributions and achievements of members in Hispanic and Latin(o/e) communities.  IMLA and its Diversity, Equity, and Inclusion Group are committed to providing our members resources that highlight DEI issues affecting Hispanic and Latin(o/e) attorneys and the communities they represent. Attorneys with Spanish-speaking roots have slowly made their mark on U.S. legal history...

In 2020, George Floyd’s murder reminded the United States to look at the mistreatments the country commits to African Americans since their ancestors were forced into slavery.  The result of that reckoning was a formal recognition of a holiday that had been celebrated by African American communities across the nation for over 150 years.  That day was June 19th which is recognized as the final emancipation of African Americans’ enslaved ancestors.  On June 19, 1865, Major General Gordon Granger led...