Tag Archives: free speech

Connecticut Fire District Facing First Amendment Suit

An elected official has filed suit against a Connecticut fire district claiming district officials have violated her First Amendment rights by prohibiting her from speaking at district board meetings. Christine Wakefield filed suit against the Dayville Fire District today in US District Court for the District of Connecticut.

UPDATED: Nashville Firefighter To Get $450k Settlement

A Nashville firefighter who was disciplined over a social media post is poised to accept a $450,000 settlement from the city. Josh Lipscomb, who besides being a firefighter is a comedian that goes by the stage name of Josh Black, was suspended for fourteen days for the Twitter post he made in February, 2022.

Fire Law Roundup for November 28, 2022

In this episode of Fire Law Roundup for November 28, 2022, Brad and Curt discuss a federal court ruling that two believed-to-be volunteer firefighters who received shift stipends and point-based bonuses were actually employees entitled to minimum wage and overtime ...

11th Circuit Rejects Cobb County Firefighter’s First Amendment Claims

The 11th Circuit has ruled that a firefighter who was disciplined for calling an elected official to complain about apparatus being out-of-service, was not engaging in protected speech. Cobb County firefighter Scott Millspaugh filed suit last year claiming his demotion was retaliation for his having called Commissioner Keli Gambrill.

Fire Law Roundup for October 24, 2022

In this episode of Fire Law Roundup for October 24, 2022, Brad and Curt discuss a lawsuit challenging the termination of a union president from Massachusetts for wearing his dress uniform to a firefighter funeral, a Virginia Beach firefighter facing ...

Judge Blocks Enforcement of Two Nashville Fire Policies That Limit Employee Speech

A Tennessee judge has issued a preliminary injunction barring enforcement of two Nashville Fire Department policies that regulate employee speech. The ruling came in a lawsuit filed by a firefighter who was suspended for calling the city council “white supremacists” in social media.

Minnesota City to Pay Former Firefighters $3.9 Million

A Minnesota city that eliminated all five of its career firefighters as part of a restructuring in 2015, has agreed to pay those firefighters $3.9 million in damages. The City of Brainerd’s agreement to compensate the firefighters brings to a close a seven-year legal-saga.

Court of Appeals Strikes Down Palm Beach County Social Media Policy

The US 11th Circuit Court of Appeals has ruled that a social media-related First Amendment lawsuit filed by two Palm Beach County fire captains may proceed, reversing a district court ruling from 2020. In doing so the court struck down the fire department’s social media policy as being a prior restraint on employee speech.

FDNY Firefighter Claims Retaliation for Exercising Free Speech Rights

An FDNY firefighter who claims he was retaliated against after raising concerns about a suggestion he might be required to turn hose streams on protestors, has filed suit against the city and six ranking officers. Omar Wilks filed suit contending he was disciplined, transferred and demoted for exercising his First Amendment rights to voice his concerns.

Court Rules FDNY First Amendment Suit Can Proceed

A US District Court judge has refused to dismiss a lawsuit brought by an FDNY deputy assistant chief who was denied a promotion for refusing to renounce letters to the editor he wrote decades ago relative to merit based testing. Even more interestingly, Judge Brian M. Cogan suggested that the proper First Amendment analysis for the case is not the traditional Pickering Balancing Test, but rather one that looks at the ability of government to compel the speech of public employees.

Suit by FDNY Ops Chief Alleges Promotion Denial Violates First Amendment

An FDNY deputy assistant chief who claims he was passed over for promotion to assistant chief for refusing to renounce letters to the editor he wrote decades ago relative to merit based testing, has filed suit alleging the city violated his First Amendment rights. DAC Michael F. Gala, Jr. filed suit late last year naming the city and Fire Commissioner Daniel A. Nigro as defendants.

California Fire Chief Terminated Over Comments

The past few weeks have seen unprecedented numbers of firefighters in the headlines over comments posted in social media related to race relations. Sometimes we get so accustomed to speech-related discipline being associated with social media posts, that we forget that non-social-media-related speech can be just as problematic. And so it was with Manhattan Beach Fire Chief Daryn Drum.

Florida Fire District Sued For Viewpoint Discrimination

A Florida man has filed suit against a fire district claiming that his First and Fourteenth Amendment rights were violated when the department’s public information officer blocked him from the department’s Facebook page. Randy Scott filed against the Lehigh Acres Fire Control And Rescue District and PIO Katie Heck suit this week.

Palm Beach County Social Media Suit Dismissed

A lawsuit filed last year by two captains with Palm Beach County Fire Rescue after they were disciplined for social media posts, has been dismissed. Captain AJ O’Laughlin and Captain Crystal Little filed suit in Palm Beach County Circuit Court last May. It was later removed to federal court.

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