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On 09/19/17, the Ninth Circuit affirmed the district court’s judgment upholding the use of force policy and rejected the claims under 42 U. The court applied intermediate scrutiny, saying that doing so appropriately places the burden on the City of Seattle to justify placing restrictions on any Second Amendment right of its employees, while also giving the City the flexibility to act as an employer. One of the men wore a black mask and bullet-resistant vest and a had a semi-automatic rifle slung over his shoulder, according to police. Florida allows concealed carry with a license, but prohibits open carry by statute. It held that Florida’s Open Carry Law violates neitherthe Second Amendment to the United States Constitution, nor article I, section 8, of the Florida Constitution., 03/02/17)(unpublished).Ultimately, the court held the policy does not impose a substantial burden on Appellants’ right to use a firearm for the purpose of lawful self-defense. The incident was live-streamed on Facebook and later posted on You Tube. UPS -SCS fired Holly after he moved his lawfully possessed handgun from his own car to a coworker's car while Holly's car was in the shop.Turner refused to identify himself, and the officers ultimately handcuffed him and placed him in the back of a patrol car.The officers' supervisor arrived on scene and Turner was released. § 1983, alleging violations of his First and Fourth Amendment rights.He filed a complaint with the NLRB, and an administrative law judge ruled in his favor, finding that the employer had wrongly fired Perez and violated employee rights to talk about union organization. Among other reasons, the appellate panel noted that the employer had tolerated profanity in the workplace for years.While it said that the Facebook post was "vulgar and inappropriate," it was not beyond the protections of the National Labor Relations Act and Perez should not have been fired under the "totality of the circumstances." The Court did note that "this case seems to us to sit at the out-bounds of protected, union-related comments.", filed 02/16/17).Therefore, such a right was not yet "clearly established" in the Circuit when the retaliatory police actions occurred, and the officers were entitled to qualified immunity. Conviction under a North Carolina law that makes it a felony for a registered sex offender 'to access a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages,' N. Pier Sixty, a catering company in New York City, fired Hernan Perez for posting profane comments about his supervisor days before a union vote.Although the court strongly implied that the City had no municipal liability, it remanded the case to the district court to assess Monell considerations. Perez was upset with Robert Mc Sweeney for chiding him at work for "chitchatting." Perez took it out on Mc Sweeny that day with this Facebook post: The employees voted for the union, and Perez was fired soon after.

Reversing the lower court which had found that recording police arrests was not, without more, an adequately expressive activity to garner First Amendment protection, the Third Circuit has explicitly found such activity to be protected; however, that right was not clearly established in the Circuit in 2013, requiring qualified immunity for the police officers who interfered with photographers. sections14-202.5(a) and (e), is reversed where the North Carolina statute impermissibly restricts lawful speech in violation of the First Amendment.

However, there was no probable cause to arrest him, so officers are denied qualified immunity on that issue.

One judge dissented on that issue, noting that extending an investigative detention because the detained individual “asked for a supervisor to come to the scene,” is not clearly established as a violation., filed 01/04/17).

The district court disagreed and granted the defendants summary judgment.

The Circuit affirmed, but didn't analyze the First Amendment issue.

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