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He filed a complaint with the NLRB, and an administrative law judge ruled in his favor, finding that the employer had wrongly fired Perez and violated employee rights to talk about union organization. Among other reasons, the appellate panel noted that the employer had tolerated profanity in the workplace for years.While it said that the Facebook post was "vulgar and inappropriate," it was not beyond the protections of the National Labor Relations Act and Perez should not have been fired under the "totality of the circumstances." The Court did note that "this case seems to us to sit at the out-bounds of protected, union-related comments.", filed 02/16/17).The Third Circuit joined the First, Fifth, Seventh, Ninth and Eleventh Circuits in confirming a definitive First Amendment right to record police activity in public, which is integral to the public's right to access to information -- and found that the actions of plaintiffs constituted such protected expression. Even assuming that the statute is content neutral and thus subject to intermediate scrutiny, the provision is not narrowly tailored to serve a significant governmental interest., 06/19/17).However, the court found that despite a 2011 City police department internal memorandum advising officers that the public had a First Amendment right "to observe and record police officers in the public discharge of their duties," that advisory was not well understood by officers in 20. In a trademark case in which the lead singer of the rock group 'The Slants' chose this moniker in order to 'reclaim' the term and drain its denigrating force as a derogatory term for Asian persons, and then sought federal registration of the mark 'THE SLANTS,' the en banc Federal Circuit's judgment overruling The Patent and Trademark Office (PTO)'s denial of the application under the Lanham Act's disparagement clause, is affirmed where: 1) the disparagement clause applies to marks that disparage the members of a racial or ethnic group; and 2) the disparagement clause violates the First Amendment's Free Speech Clause., filed 04/21/17).On 09/19/17, the Ninth Circuit affirmed the district court’s judgment upholding the use of force policy and rejected the claims under 42 U. The court applied intermediate scrutiny, saying that doing so appropriately places the burden on the City of Seattle to justify placing restrictions on any Second Amendment right of its employees, while also giving the City the flexibility to act as an employer. One of the men wore a black mask and bullet-resistant vest and a had a semi-automatic rifle slung over his shoulder, according to police. Florida allows concealed carry with a license, but prohibits open carry by statute. It held that Florida’s Open Carry Law violates neitherthe Second Amendment to the United States Constitution, nor article I, section 8, of the Florida Constitution., 03/02/17)(unpublished).Ultimately, the court held the policy does not impose a substantial burden on Appellants’ right to use a firearm for the purpose of lawful self-defense. The incident was live-streamed on Facebook and later posted on You Tube. UPS -SCS fired Holly after he moved his lawfully possessed handgun from his own car to a coworker's car while Holly's car was in the shop.Most of the opinion deals with whether the district judge should have recused himself., filed 07/07/17).
The affidavit caused her superiors to lose trust in her, undermining the department’s operations and she was fired in 2012.Therefore, such a right was not yet "clearly established" in the Circuit when the retaliatory police actions occurred, and the officers were entitled to qualified immunity. Conviction under a North Carolina law that makes it a felony for a registered sex offender 'to access a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages,' N. Pier Sixty, a catering company in New York City, fired Hernan Perez for posting profane comments about his supervisor days before a union vote.Although the court strongly implied that the City had no municipal liability, it remanded the case to the district court to assess Monell considerations. Perez was upset with Robert Mc Sweeney for chiding him at work for "chitchatting." Perez took it out on Mc Sweeny that day with this Facebook post: The employees voted for the union, and Perez was fired soon after.More than 100 Seattle police officers filed a lawsuit asking a federal judge to block what they called "mechanical" and unrealistic use-of-force policies imposed on them under a court-ordered consent decree. District Court, contends the changes have effectively created "hesitation and paralysis" among officers, stripping them of their constitutional and legal right to make reasonable, split-second judgments in the line of duty. The law only allowed concealed carry licenses to be issued to those with a “good reason to fear injury to [their] person or property” or “any other proper reason for carrying a pistol.” The court found that no level of scrutiny was required as the good reason restriction was in effect an outright ban as it prevented the typical law abiding citizen from the constitutional right of bearing arms, and that warranted the law being struck down without any level of scrutiny analysis being applied. That's enough to sink this law under Heller I." It further explained that: "the individual right to carry common firearms beyond the home for self-defense-even in densely populated areas, even for those lacking special self-defense needs-falls within the core of the Second Amendment's protections." on 02/06/17).The suit alleges policies stemming from an agreement between the city and the U. Department of Justice (DOJ) stoked a "bold, new disregard for police authority in the streets of Seattle," putting officers and the public in unreasonable danger. The suit, filed by 123 officers, detectives and sergeants, largely from the department’s North Precinct, was brought without an attorney, although a civil-rights attorney in Washington, D. It also was filed without the approval or support of their union, the Seattle Police Officers’ Guild (SPOG). § 1983 that Seattle violated the Second Amendment right of police officers to use firearms for the core lawful purpose of self-defense. "The District's good-reason law is necessarily a total ban on exercises of that constitutional right for most D. Two men were arrested Sunday after they entered the Dearborn (MI) Police Department openly carrying firearms. Its state constitution protects the right to bear arms, but says the "manner of bearing arms may be regulated by law." Norman alleged he should not have been convicted of open carry. It held the state has an important interest in regulating firearms as a matter of public safety, and that Florida’s Open Carry Law is substantially related to this interest.