Mark Law Firm Recent Articles

Can Your Political Beliefs Get You Fired?

Posted by Jamison Mark on Mar 3, 2017 3:58:12 PM

Political discussions and arguments haven’t subsided following the election, and protests have continued across the country. Employers who want to keep their workers happy and prevent workplace arguments, hostilities, and even violence may wonder if they can just completely ban political discussions. Is it legal for an employer to prohibit employees from discussion politics in the workplace or during work hours? And what about attempting to police what employees do in their spare time related to politics, protests, or political organizations, or taking adverse employment actions against employees based on their personal social media posts? Is this a violation of your free speech protections, or is it allowable treatment of at-will employees?


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Topics: Employment Law, Discrimination & Harassment, Free Speech

US Supreme Court Supports NJ Policeman in Free Speech Lawsuit

Posted by Jamison Mark on Apr 30, 2016 3:00:00 PM


Jeffrey Heffernan was a detective in the Paterson, New Jersey, police department. One day in April 2006, he stopped by the campaign offices of Lawrence Spagnola, who was running for mayor. His bedridden mother had asked him to obtain a yard sign for her so she could publicly support Spagnola’s campaign. Heffernan picked up the sign and chatted with the campaign manager before heading to his mother’s home.

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Topics: Employment Law, Free Speech

Suit Asks Whether Student’s Tweets Are Protected from Retaliation

Posted by Jamison Mark on Jul 8, 2014 5:00:00 PM

People use social media networks such as Facebook and Twitter to share many of their thoughts.  Although many times social media posts are celebratory, reflective, or simply funny, sometimes they take a negative, critical, or vulgar tone.  In these instances, the subject of the post may become offended or may even retaliate against the person who made the post.  The question this raises, however, is whether or not retaliation in response to a social media post is legal, particularly in an employment or educational setting.

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Topics: Discrimination & Harassment, Free Speech, Education Law

Do school children have free speech rights?

Posted by Jamison Mark on May 9, 2014 10:13:00 AM

The Bill of Rights, specifically the First Amendment to the Constitution, protects every American's right to freedom of speech. Like most rights, however, freedom of speech is not an absolute right and may be subject to several restrictions. Typically these restrictions relate to defamatory or obscene speech or to specific types of speech in certain situations such as yelling "fire" in a crowded theater.

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Topics: Free Speech

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