The Compelled-Speech Doctrine Can the Government Tell You What to Say?
The First Amendment prohibits the government from making any “law . . . abridging the freedom of speech . . . .” U.S. Const. amend I. The free-speech clause also prohibits the government from compelling speech. In other words, the government cannot tell you what to say. Rumsfeld v. Foundation for Academic and Institutional Rights,… Read More
Speak Out Now Act: What is it, and what does it mean for employers?
President Joe Biden signed the Speak Out Now Act into law on December 7, 2022. The Act comes as an offshoot of the #MeToo movement and was spearheaded by the #MeToo movement’s leaders Gretchen Carlson and Julie Roginsky. As part of its reasoning for passing the Speak Out Now Act, Congress found that “81% of… Read More
Cases of Interest from the U.S. Sixth Circuit
By Dale Conder, Jr. Laborers’ Int’l Union, Local 860 v. Neff, 29 F.4th 325 (6th Cir. 2022) Ohio juvenile court and its employees’ union tried negotiating a new contract. When the parties could not reach an agreement, the union sued the juvenile court. Because Ohio juvenile courts are an arm of the state, the court… Read More
Religious Exercise in the Workplace
Religious Exercise in the Workplace The First Amendment provides, in part, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech . . . .” U.S. Const. amend I. Courts refer to these three clauses as “the establishment clause,” “the free exercise clause,”… Read More
