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

25 June 2020 CBS 58

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.”

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