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free speech

A&A: Recording at a Board and Care Facility without Permission

firstamendment June 14, 2009

Recording at a Board and Care Facility without Permission Q: My mother lives in a board and care facility.  I have power of attorney.  She is mentally capable, but is diagnosed bi-polar and is experiencing beginning stages of dementia.  She has a private room.  The facility receives funds from CEI for my Mom’s B&C.- a Medicare/Medicaid managed program. May I legally use video camera/audio equipment in the room where my Mom resides?  Either with their

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A&A: Anonymous Columnists

firstamendment June 14, 2009

Anonymous Columnists Q: Does anything in the law compel a newspaper to divulge the identify of a columnist who prefers to remain anonymous? Are Realtors, or persons engaged in the Real Estate business restricted in the opinions they may express about real estate? A: In your inquiry, you pose two questions.  Turning to your first inquiry, as a general matter, a newspaper is not obligated to disclose the identity of a columnist or other contributor

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A&A: Political speech in the workplace

firstamendment June 14, 2009

Q: The company I work for wants me to remove a bumper sticker(“fuck bush”) from my car. I was told that my car will be towed from the employee lot if I do not and may and can lead to job termination. Do they have the right to do so? A: Although the First Amendment limits the restrictions that government employers can place on employee speech, private employers have much greater latitude to restrict employee

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A&A: Regulating teacher speech

firstamendment June 14, 2009

Q: I am a public school teacher.  Our individual school site has an “all staff” conference whereby all staff member may post material.  My school is committed to bilingual education, Hispanic culture, etc.  I posted some articles on how poorly bilingual education performs compared to immersion, etc. that does not conform to the party line.  The principal has directed me, and only me, out of 100+ teachers to submit to him anything before I post

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A&A: Can I file for defamation?

firstamendment June 14, 2009

Q: Can I file for defamation against a co-worker who often call me gay, crook and maniac in front of my co-workers? A: Generally speaking, under California law, slander is a false statement made to a third person that charges a person with crime, imputes him with having an infectious or loathsome disease, tends to injure him with respect to his business or trade (either by imputing to him general disqualification in those respects which

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