A Capehart Scatchard Blog

Tag: First Amendment

N.J. District Court Issues Post-Janus Decision on WDEA

By on January 7, 2020 in Labor & Employment with 1 Comment

On May 18, 2018, the New Jersey Governor signed into law the Workplace Democracy Enhancement Act (“WDEA”), which allows union employees to withdraw from the union and cease paying dues upon notice to the employer during the 10 days following each anniversary date of their employment. On June 27, 2018, the United States Supreme Court issued its decision in Janus, holding that public-sector unions may no longer extract agency fees from non-consenting employees. On December 27, 2019, the U.S. District Court for the District of New Jersey issued a decision in Thulen v. AFSCME regarding union members’ argument that the […]

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First Amendment Does Not Protect Student Speech That Amounts to HIB

By on November 1, 2016 in Students with 0 Comments

What is the connection between the First Amendment right to free speech and the New Jersey Anti-Bullying Bill of Rights Act? On October 20, 2016, the U.S. District Court for the District of New Jersey in Dunkley v. Greater Egg Harbor Regional School District, 2016 U.S. Dist. LEXIS 145389 (2016) answered this precise question: a student’s First Amendment right to free speech is not protected when that speech amounts to harassment, intimidation, or bullying (“HIB”). In December 2013, high school senior Bryshawn Dunkley was suspended for two days for his out-of-school conduct in which he posted a video on YouTube […]

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