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Tag Archives: free speech

A Look Back at 2011 Prediction … and a Sneak Peek at 2012

By Daniel Schwartz on Posted in Laws and Regulations, Legislative Developments, Litigation

It’s easy to make predictions about the future. It’s far harder to look back at them and see if you were right.  Fortunately or unfortunately for me, my predictions are in print — there for a looking. So how did my prediction go for 2011? Well, in my main article, I predicted that on a… Continue Reading

Choose Your Own Takeaway from Appellate Court Decision

By Daniel Schwartz on Posted in Litigation

When people come up to me to talk about the blog, one of the things that often gets discussed is “How do you pick things to write about?” Often times, I tell them, it comes easily. But a new Appellate Court decision, Johnson v. Board of Education — a decision that will be officially released… Continue Reading

Back Again? After Remanding Case Once, Second Circuit This Time Finds for Employer on First Amendment Claims

By Daniel Schwartz on Posted in Litigation

In broad terms, the First Amendment prohibits public employers from retaliating against employees who engage in "protected speech".   (Connecticut has a statute, Conn. Gen. Stat. Sec. 31-51q that purports to apply the First Amendment to private employers too.)  But proving these cases remains difficult for employees.   And even victories may later end up as defeats… Continue Reading

Second Circuit Throws Out Demoted Dean’s First Amendment Claim

By Daniel Schwartz on Posted in Litigation

The Second Circuit ruled Friday that the University of Connecticut is entitled to "qualified immunity" on a School of Engineering Dean’s claim that he was demoted in violation of his First Amendment rights to free speech.  The case has very important ramifications for public employers on how they can deal with criticism from managerial-level employees…. Continue Reading

First Amendment Claim Brought by Ex-Courant Columnist Could Address Issue of “Competing” Rights

By Daniel Schwartz on Posted in Litigation

The Connecticut Law Tribune ran a story this week about the lawsuit being brought by a former Hartford Courant columnist, George Gombossy. I’ve discussed the case before — it raises a claim that the columnist’s First Amendment rights were violated under a state law (Conn. Gen. Stat. Sec. 31-51q) that purports to apply that amendment… Continue Reading

Tribune Company Sued by Its Former “Watchdog” on Free Speech Grounds

By Daniel Schwartz on Posted in Litigation

UPDATED George Gombossy, who penned a consumer-advocacy column for the Hartford Courant before being fired last month, has filed suit against the Courant (and its parent company, the Tribune Company) alleging that he was fired in retaliation for his lawful speech.  Gombossy now has a website he calls "CT Watchdog" and posted the complaint and… Continue Reading

The Latest Trend? Another Free-Speech Victory for Employees

By Daniel Schwartz on Posted in Human Resources (HR) Compliance, Litigation

Is a trend forming in First Amendment free-speech cases in Connecticut? It certainly seems that way.  Last week, a jury returned a verdict in favor of Andrea Charron in her lawsuit against the Town of Griswold.  The jury awarded damages in excess of $800,000 (not including punitive damages and attorneys fees).  This is at least… Continue Reading