Category

Retaliation
The Virginia Employee Social Media Privacy Act, VA Code § 40.1-28.7:5 (“VESMPA”), titled “Social media accounts of current and prospective employees,” generally prohibits Virginia employers from (1) requiring employees or prospective employees to disclose their social media usernames and passwords or (2) to “friend” or “connect” with the employer on social media. As with many laws, however,...
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Free Speech
In Garcetti v. Ceballos, 547 U.S. 410 (2006), the Supreme Court reaffirmed its prior decisions that the First Amendment to the U.S. Constitution protects government employees from retaliation for speaking out as private citizens on matters of public concern. But when public employees make statements pursuant to their official duties, they are not speaking as...
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Tim Coffield, attorney, covers the Supreme Court case of Connick v. Myers and its implications for First Amendment speech by public employees.
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