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N.J v. Sonnabend: A First Amendment Face-Off at the District Court Level

On June 15, 2022, the Seventh Circuit issued its decision in N.J v. Sonnabend, holding that schools must apply the test from Tinker v. Des Moines prior to restricting students from wearing clothing depicting firearms. Through this decision, the Sonnabend Court has resolved conflicting decisions within the Eastern District of Wisconsin. In addition to reversing…

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The U.S. Supreme Court Rendered a 6-3 Decision in Kennedy v. Bremerton School District, 597 U.S.

On June 27, 2022, the U.S. Supreme Court rendered a 6-3 decision in Kennedy v. Bremerton School District, 597 U.S. ___ (2022), where it held the Free Exercise and Free Speech Clauses of the First Amendment protects an individual engaging in sincerely motivated religious exercise and private speech from government punishment. The Court ultimately found…

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U.S. Department of Education’s Office for Civil Rights Proposed Amendments to Title IX Regulations

To commemorate the 50th Anniversary of Title IX of the Education Amendments Act of 1972, the U.S. Department of Education’s Office for Civil Rights released proposed amendments to its Title IX regulations for public comment on June 23, 2022. According to OCR, “The proposed regulations reflect the Department’s commitment to give full effect to Title…

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Wisconsin Supreme Court Provides Clarity to the Test for Arrest and Conviction Discrimination

On March 10, 2022, the Wisconsin Supreme Court handed down a decision in Cree, Inc. v Labor and Industry Review Com’n, 2022 WI 15, that directly impacts how employers must understand their obligations to avoid arrest and conviction discrimination under Wis. Stat. § 111.335(3)(a)1. In 2015 Cree, Inc., interviewed Derrick Palmer for the position of…

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The U.S. Supreme Court Rules that a Board’s Verbal Censure of its Board Member’s Speech Does Not Violate the First Amendment

On March 24, 2022, the U.S. Supreme Court held in a unanimous decision that an elected body can censure other members of the same body for their speech, without running afoul of First Amendment protections. The case is Houston Community College System v. Wilson, ___ S.Ct. ___, 2022 WL 867307 (2022).  As we discussed in…

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WI Supreme Court Takes Case Concerning Communication with Parents About Their Child’s Gender Identity, Names, and Pronouns at School

The Wisconsin Supreme Court recently granted a petition for review of an injunction against the Madison Metropolitan School District relating to enforcement of its policies on gender identity. The original complaint was filed on February 18, 2020, by the Wisconsin Institute for Law & Liberty (WILL) in the Dane County Circuit Court. The complaint was…

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Biden Administration Abandons Shot-or-Test Mandate For Large Businesses

The Biden Administration has withdrawn its Covid shot-or-test mandate for large businesses.  The mandate, issued by OSHA through an Emergency Temporary Standard (ETS), requires all employers with 100 or more employees to implement a policy requiring Covid vaccinations or masking and weekly testing for all employees.  That requirement went into effect on January 10, 2022. …

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By Reinstating the Stay of President Biden’s Shot-or-Test Mandate The Supreme Court Signals the End of the OSHA ETS; but, OSHA Enforcement of COVID Mitigation Measures Continues

On the afternoon of Thursday, January 13, 2022, the U.S. Supreme Court reinstated the stay blocking implementation of President Biden’s Shot-or-Test Mandate.  The mandate, issued by OSHA through an Emergency Temporary Standard (ETS) requires all employers with 100 or more employees to implement a policy requiring Covid vaccinations or masking and weekly testing for all…

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Supreme Court Halts President Biden’s Shot-or-Test Mandate

The U.S. Supreme Court has reinstated the stay blocking implementation of President Biden’s Shot-or-Test Mandate.  The decision came this morning, Thursday, January 13, 2022, nearly a week after the Court heard oral arguments from both sides on Friday, January 7, 2022. Six justices, led by Chief Justice John Roberts voted in favor of reinstating the…

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Janus v AFSCME

Fate of President Biden’s Shot-or-Test Mandate Rests with Supreme Court – Oral Argument Set for January 7, 2022

Covid-19 is a global pandemic and a societal health problem, not a workplace hazard.  This is the main argument advanced by a coalition of states and an alliance of business groups in their brief to the U.S. Supreme Court. Final briefs were filed on December 30, 2021 ahead of oral arguments set for January 7,…

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