The Chamber of Commerce of Greater Philadelphia brought a lawsuit against Philadephia for an ordinance that banned employers from inquiring about a job-seeker’s salary history, stating that it was 'bad for business.' The ordinance has two parts - "it prohibits an employer from inquiring about a prospective employee’s wage history (“the Inquiry Provision”); and second, it makes it illegal for an employer to rely on wage history “at any stage in the employment process” to determine a salary for an employee (“the Reliance Provision”)." Philadelphia approved the ordinance in January to take effect this May. However, U.S. District Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania ruled that the "inquiry provision" specifically violated the First Amendment's free speech clause. “Although the ordinance represents a significant positive attempt to address the wage gap, the First Amendment compels me to enjoin implementation of the inquiry provision." Will this chill efforts in other states and cities that have been passing similar ordinances?
First Amendment Watch in collaboration with NYU’s Steinhardt School of Culture, Education, and Human Development, New-York Historical Society and the Institute for Constitutional History sponsored a talk for NYC educators by Robert Post, First Amendment scholar and former dean of Yale Law School. The topic, “Free Speech on Campus and Academic Freedom in the Trump Era,” addressed important First Amendment issues facing educators and students. Click through for Facebook Live videos of the event.
Former US Senate candidate Roy Moore Files Defamation Suit Against Female Accusers
In an escalation of defamation lawsuits brought by and against Roy Moore for alleged sexual misconduct, the latest volley is from the former US Senate candidate. In the Circuit Court […]
Can Universities Charge Security Fees to Campus Groups for Hosting Controversial Speakers?
When University of Washington College Republicans invited conservative activist Joey Gibson to speak on campus, they did not expect to be charged with a $17,000 security fee to ensure that the rally would not get out of hand. The College Republicans sued to proceed with the event which led to clashes, counter protests and several arrests. A letter penned by Professor Eric Schnapper and endorsed by 22 others makes a First Amendment case to protect the right of the College Republicans and other similar groups. University of Washington law professor and Concurring Opinions writer Ronald K.L. Collins states, "the UW Law letter provides an informative guide to much of the existing law concerning free speech rights and security fees. In that regard, it should be useful to college administrators, lawyers representing colleges, lawyers representing students and speakers, and to student organizations in general, among others."
Conservative Speaker Heckled at CUNY Law Raising Campus Speech Concerns
Recently CUNY Law students shouted down Professor Josh Blackman causing debate among First Amendment scholars. In our Spotlight on campus speech, "Lessons from Berkeley on Campus Free Speech" we discuss how U.S. campuses have been hotbeds of political and social debate since the colonial era. By the 1960s, rising civil unrest buoyed the Free Speech Movement at the University of California, Berkeley. As protests spread, universities and law enforcement cracked down leading to fatalities in separate incidents at Kent State University and Jackson State University. Today campus protests are once again eliciting an escalated police presence. Both public and private universities are struggling how to balance the free exchange of ideas, but public universities have a legal obligation to protect campus freedom of expression. What does this mean for students, campus free speech and speaker’s right to free speech when it is suppressed by the fear of disruption?
Gene Policinski Commentary: Sinclair, Next Time Just Put Your Name To The Message
The Newseum Institute’s First Amendment expert, Gene Policinski, originally published this commentary on April 5, 2018, on the Newseum blog, and has given First Amendment Watch permission to reprint. Sinclair […]
What is the State of Academic Freedom As More Professors Face Increasing Backlash?
An NPR report finds that “across the country, in the past year and a half, at least 250 university professors…have been targeted via online campaigns because of their research, their […]
National Constitution Center Hosts U.S. Supreme Court Associate Justice Stephen Breyer and Constitutional Scholars Including FAW’s Stephen Solomon in a Discussion on Hate Speech First, National Constitution Center President and CEO Jeffrey […]