Fifth Circuit First Amendment Case Law (5th Cir. 2006)
Jury verdict in favor of teacher who alleged he was not rehired in retaliation for a prior law suit reversed on appeal - School District had abolished the position and hired substitute Adams vs. Groesbeck ISD No. 05-50362 (5th Cir. Jan. 9, 2007)(Title VII retaliation case, non-rehire decision, position not advertised, duties assigned to long-term substitute teacher)
Reassigned Principal's First-Amendment Retaliation Case Fails Cavazos vs. Edgewood Indep. School Dist. No. 05-51417(5th Cir. Dec. 18, 2006) (first amendment, retaliatory adverse employment action, public employment; plaintiff not speaking as citizen but within scope of official duties, summary judgment for school district affirmed)
Religion in Public School and on the Courthouse Plaza Doe vs. Tangipahoa Prsh Sch Bd., No. 05-30294 (5th Cir. Dec. 15, 2006)(school prayer challenge)
Kay Staley v. Harris County Texas, No. 04-20667 (5th Cir. Aug. 15, 2006)(Harris County Courthouse bible display unconstitutional under First Amendment establishment clause) En banc rehearing ordered Nov. 17, 2006. Oral argument on motion for full-court rehearing set for January 23, 2007 in Room 209 of the John Minor Wisdom United States Court of Appeals Building, 600 Camp Street, NEW ORLEANS, LOUISIANA at 9 A.M. Irony: The Courthouse plaza where the display case is still located (minus the bible) is deserted because the Harris County civil courts have moved to a new building. Does that render the constitutional offense moot?
CWA v. Ector County Hospital District - En Banc Court Says No to "Union-Yes" Buttons at Work. Fifth Circuit, sitting en banc, overrules panel in case involving right to advocate for unions in the workplace Revised En Banc Opinion: CWA vs. Ector County Hosp. Dist., No. 03-50230 (5th Cir. Oct. 20, 2006). Original En Banc Opinion: Communications Workers of American v. Ector County Hospital District, No. 03-50230 (5th Cir. Oct. 5, 2006); also see Faculty Rights Coalition vs. Shahrokhi (5th Cir. 2006)(involving right to advocate for unionization of part-time Texas faculty on university email system in face of Texas statute prohibiting unionization of public employees and collective bargaining, and university email usage restrictions). District Court Opinion: Faculty Rights Coalition v. Hossein Shahrokhi, 2005 WL 1657116 (S.D.Tx., Jul 13, 2005) U.S. District Court - Southern District of Texas - Houston Division (Opinion by Hon. Lee H. Rosenthal) (First Amendment and access to and use of university e-mail system for labor union advocacy)
Wallace v. County of Comal, Texas, No. 04-50280 (5th Cir. Feb. 14, 2006) (First Amendment retaliation, speech re: official misconduct, matters of public concern; interlocutory qualified immunity appeal dismissed; leave to amend to name individual defendants after discovery shows their involvement in adverse personnel action, review of collateral order in ILA)
White Buffalo Ventures, LLC v. Univ. of Texas, 420 F.3d 366 (5th Cir. 2005)(certiorari denied). White Buffalo Ventures v. University of Texas at Austin, 04-50362, 2005 WL 1806353 (5th Cir. August 2, 2005). University's blocking of commercial mass email (spam) from its e-mail servers does not violate First Amendment. UT's policy not preempted by federal CAN-SPAM Act.
Rivera v. Housing Authority of the City of El Paso No. 04-50363)(5th Cir. July 18, 2005) (First Amendment, public fora, designated, limited, forum analysis, trespass, leafleting, prior restraint, prior approval, narrowly tailored, viewpoint discrimination, viewpoint neutrality, state interest, balancing)
Comm. Workers of America v. Ector County, 392. F.3d 733 (5th Cir. 2004)(First Amendment union speech in the work place, public employer, union drive, "Union Yes" buttons, dress code)
Foley v. Univ. of Houston Sys., 355 F.3d 333 (5th Cir. 2003) (race discrimination, First Amendment) Roy Foley and Nora Hutto (Attorney Larry Wade Watts) v. University of Houston System (Assistant Attorney General Kimble-Wright)
Justice for All v. Falkner [University of Texas], 410 F.3d 760 (5th Cir. 2005). University's prohibition of anonymous distribution of leaflets found unconstitutional under the First Amendment.
Pro-Life Cougars v. Univ. of Houston, 259 F.Supp. 2d 575 (S.D. Tex. 2003). Pro-Life Cougars and Janice Tullos (Attys Tapp, Bull) v. University of Houston (Asst AG Todd) University's restrictions on on-campus expressive activity found unconstitutional under the First Amendment.
Chiu v. Plano Indep. School Dist., 260 F.3d 330 (5th Cir. 2001)(FIrst Amendment, students, parents, public schools, fliers, leaflets, prior restraint, censorship, limited, designated public forum)
Older Fifth Circuit First Amendment Cases:
Brawner v. City of Richardson, Tex., 855 F.2d 187 (5th Cir. 1988) Wilson v. UT Health Ctr., 973 F.2d 1263 (5th Cir. 1992)
Leading US Supreme Court Precedents:
Pickering v. Bd. of Educ. of Township High Sch. Dist. 205, 391 U.S. 563 (1968)
U.S. v. National Treasury Employers Union, 115 S.Ct. 1003 (1995)
Waters v. Churchill, 511 U.S. 661, 114 S.Ct. 1878, 1884 (1994) (nurse's criticism of employer hospital's violation of state nursing regulations and the quality of nursing care provided patients).
Pickering v. Board of Education, 88 S.Ct. 1731, 1732-33 (1988) (teacher's letter to newspaper criticizing Board of Education's school finance proposal)
Rankin v. McPherson, 107 S.Ct. 2891, 2900 (1987) ("it is undisputed that he fired McPherson based on the content of her speech")
Connick v. Myers, 103 S.Ct. 1684, 1693 (1983) (assistant district attorney's questionnaire circulated in office which impliedly criticized district attorney and supervisors)
Givhan v. Western Line Consolidated School Dist., 99 S.Ct. 693, 695 (1979) (teacher's criticism to principal of school district's racially discriminatory policies and practices)
Mt. Healthy City Board of Ed. v. Doyle, 97 S.Ct. 568, 573 (1977)(teacher's telephone call to radio station conveying substance of memorandum relating to teachers' dress and appearance and "his criticism")
Perry v. Sindermann, 92 S.Ct. 2694, 2696 (1972) (college teacher's legislative testimony supporting position opposed by college's board of regents)
U.S. Civil Service Comm'n v. National Assn. of Letter Carrriers AFL-CIO, 413 U.S. 548 (1973)
Broadrick v. Oklahoma, 413 U.S. 601 (1973)
Police Department of City of Chicago v. Mosley, 408 U.S. 92 (1972)