Home Insights Kaplan Quoted on Dismissal of Restraining Orders Against Women Who Shared Facebook Comment, Photo

See Insights

PDF

Kaplan Quoted on Dismissal of Restraining Orders Against Women Who Shared Facebook Comment, Photo

25 June 2020 CBS 58 News

Partner Dan Kaplan was quoted in a CBS 58 report, “Court dismisses restraining orders filed against women who shared woman’s Facebook comment, picture,” about the dismissal of temporary restraining orders against four women who shared a Facebook comment on a news story about a Milwaukee-area woman who was arrested for spitting on a protester.

Kaplan said the First Amendment right to free speech applies to employees of public or government employers, but not to employees of private employers. “For example, a private employer, like Foley and Lardner, can take whatever action it wants based on speech, depending upon the speech that is undertaken, but if it disagrees with something I say, they can absolutely take adverse action against me,” he said. “I don’t have any First Amendment right vis-à-vis my private employer.”