First Amendment Tag

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Posted 07 Apr 2014 in Commentary
7432008582_3c5d6429f6_nBy Lisa Soronen [We are thrilled to have a guest post from Lisa Soronen, executive director of the State and Local Legal Center.] Last week, the Supreme Court struck down aggregate limits on individual contributions to candidates for federal office, political parties, and political action committees. McCutcheon v. FEC will likely impact the dozen or so states that place aggregate limits on individual campaign contributions to candidates for state office. A cursory glance at state campaign finance laws regulating local elections indicates that states generally have not adopted aggregate caps meaning this decision will not affect contributions to local elections. Federal law allows

Posted 24 Mar 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:No-Loitering Third Circuit Seventh Circuit Ninth Circuit

Posted 10 Mar 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:SCT pillars Second Circuit Third Circuit

Posted 03 Mar 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:Justice Sixth Circuit
  • Rorrer v. City of Stow, No. 13-3272 (Feb. 26, 2014) (reversing grant of summary judgment to City and against plaintiff, a terminated firefighter with a non-work-related injury, on ADA claim; affirming grant of summary judgment for City on First Amendment and ADA retaliation claims).
Seventh Circuit

Posted 05 Feb 2014 in Monday Morning Review
Here are last week's published decisions involving local governments*:Alexandria-court First Circuit Fourth Circuit Fifth Circuit

Posted 27 Jan 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:SCT stairs Second Circuit
  • McColley v. County of Rensselaer, No. 12-2220 (Jan. 21, 2014) (affirming that whether officer and County were entitled to qualified immunity for alleged Fourth-Amendment violation arising out of search-warrant-application omissions turned on genuine issues of material fact, and concluding therefore that the court lacked subject matter jurisdiction).
Fourth Circuit
  • Corr v. Metropolitan Washington Airports Authority, No. 13-1076 (Jan. 21, 2014) (finding that tolls paid by drivers on the Dulles Toll Road are user fees not taxes, and that their collection by airport authority does not violate Virginia Constitution and motorists' due-process rights).
Seventh Circuit

Posted 21 Jan 2014 in Monday Morning Review

Here are last week's published decisions involving local governments. Second Circuit Evergreen Assocaition, Inc. v. City of New York, No. 11-2735 (Jan. 17, 2014) (affirming in part and reversing in part preliminary injunction barring enforcement of City law requiring disclosures by pregnancy service centers in First-Amendment challenge). Sixth Circuit DeLeon v. Kalamazoo County Road Commission, No. 12-2377 (Jan. 14, 2014) (reversing grant of summary judgment for County Road Commission in employment-discrimination case) (January 13, 2014, through January 17, 2014) Credit: Image courtesy of Flickr by Tracy Collins (creative common...

Posted 05 Dec 2013 in Case Notes
If a public employee reports departmental-safety concerns to his supervisor, and the employee is removed from duty for raising those concerns, does the employee have a viable First Amendment retaliation claim?Policecar In Hagen v. City of Eugene, No. 12-35492 (Dec. 3, 2013), the Ninth Circuit ruled that a public employee did not have a viable First Amendment claim under the particular circumstances there. The court ruled that, viewing all the evidence in the light most favorable to the employee, he was speaking as a public employee, not a private citizen. The case involved a City police officer, Brian Hagen, who noticed that members of his SWAT team were often firing their weapons accidentally and negigently. Hagen tried to make his concerns about the team "as public as possible" by sending e-mails and raising the issue  in meetings. Eventually, Hagen was removed from the K-9 team. Hagen claimed that the City and senior officers had retaliated against him for exercising his First Amendment rights.

Posted 16 Sep 2013 in Monday Morning Review

Here's how local governments fared in the federal courts of appeals during the past week. Eighth Circuit Brian Johnson v. Minneapolis Park, No. 12-2419 (Sept. 11, 2013). Finding that individual seeking to distribute Bibles during festival in public park is likely to prevail in his First Amendment challenge. See our coverage here. Ninth Circuit C.B. v. City of Sonora, No. 11-17454 (Sept. 12, 2013). Remanding for new trial and addressing qualified immunity issue under Fourth Amendment arising out of handcuffing and driving juvenile from school. Sylvia Landfill Trust v. City...

Posted 16 Sep 2013 in Case Notes
[caption id="attachment_107" align="alignright" width="199"]8th Circuit: Park did not adequately justify the need to limit literature distribution 8th Circuit: Park did not adequately justify the need to limit literature distribution[/caption] An evangelical Christian, Brian Johnson, sought to distribute Bibles at a gay-pride festival in a public park. The park board would not allow it. It had adopted a policy limiting literature distribution to confined areas, due to security concerns and the festival’s size. Johnson claimed the policy violated the First Amendment, and sought an injunction barring its enforcement. In a 2-1 decision released Wednesday, Johnson v. Minneapolis Park and Recreation Bd., the Eighth Circuit ruled that Johnson would likely prevail on his claim.