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Teacher’s civil rights suit over ‘Gender Queer’ moves forward
A federal judge allows a former Massachusetts teacher’s civil rights and defamation claims against police to proceed after an investigation over “Gender Queer.”
J.D.-armed defendant can’t shake internet access ban
A federal magistrate rejected a Suffolk Law graduate’s request to lift his internet ban, citing danger to alleged victims in an online stalking case.
Unions allege Trump administration asking job applicants partisan ‘loyalty question’
Unions representing federal workers filed a lawsuit on Nov. 6 challenging a decision by U.S. President Donald Trump's administration to include what they said is a partisan "loyalty question" in more than 1,700 job posts since October's start.
Employment – Retaliation – First Amendment
Where a plaintiff has filed a motion for partial summary judgment on the issue of liability as to his First Amendment retaliation claim, that motion should be allowed based on a decision by the Massachusetts Civil Service Commission.
Prisons – Retaliation – First Amendment
Where defendant prison officials were awarded judgment on the pleadings, that judgment must be vacated in part, as the complaint's allegations that the defendant classification manager overrode two classification recommendations that the plaintiff be placed in minimum security after being sued by the plaintiff provided a plausible claim of First Amendment retaliation.
MIT’s rejection of vague university compact seen as right call
MIT declined a Trump administration “compact” offering grant benefits, citing vague terms, First Amendment risks, and potential legal liabilities.
Charlie Kirk fallout a wakeup call for employers, employees
Charlie Kirk’s murder highlights workplace risks over social media posts, with employers urged to adopt clear, consistent policies to avoid liability.
West Point sued over ban on faculty speech, books
Law Professor Tim Bakken sues West Point, alleging bans on faculty speech, books, and courses violate the First Amendment and academic freedom.
Civil rights – Free speech – Select board of Nantucket
Where a Superior Court judge dismissed a complaint filed by two plaintiffs following a contentious meeting of the select board of Nantucket, a remand must be ordered with respect to a Massachusetts Civil Rights Act claim asserted by one of the plaintiffs, as the record is sufficient to create a material dispute of fact over whether the defendant town manager attempted to interfere with that plaint[...]
Employment – First Amendment – Retaliation
Where a police officer brought suit contending that he was unconstitutionally disciplined in retaliation for a post about George Floyd on his personal Facebook account, a grant of summary judgment in favor of the police department should be affirmed because the department’s interest in regulating the officer's speech outweighs his free speech interests in the balancing test set forth in Pickerin[...]
Court: UMass violated free speech, but immunity bars damages
UMass violated a male RA's First Amendment rights by disciplining him for speech that did not cause disruption, the 1st Circuit has ruled.
Education – First Amendment – Disruption
Where a plaintiff alleged that the defendant public university deprived him of his First Amendment rights by punishing him for protected speech and expressive conduct, a U.S. District Court judge’s decision to dismiss the First Amendment claim must be reversed under Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), as it was not reasonable for the university to con[...]
