Public Employee Bloggers Beware? For Now

computerIn mid-June of this year, the Ninth Circuit Court of Appeals decided the Richerson v. Beckon case, involving a First Amendment claim by a public school teacher after she was demoted for comments she posted on her personal blog (article in the National Law Journal can be found here (subscription required)).

As it happens, I included an analysis of this case at the district court level in my recent paper, Blogging While (Publicly) Employed: Some First Amendment Implications, 47 U. Louisville L. Rev. (forthcoming 2009).  There, I wrote in part:

In Richerson, the Central Kitsap School District initially employed Tara Richerson as the Director of Curriculum. She then was in line for a voluntary transfer to a new position that would permit her to work half time as a curriculum specialist and half time with a new instructional coaching model. Importantly, the instructional coach component of her prospective job required her to follow a model which emphasizes the sensitive and confidential relationship between her coaching position and the teachers that she would be mentoring.

Before being transferred, the school district became aware that Richerson was using a personal blog to be critical of her replacement in the Director position. Language is everything in these public employee free speech cases, so here is the entire blog posting in question:

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Wisconsin Set to Pass Enhanced Employment Discrimination Law

WISCTV.com is reporting that the State of Wisconsin is close to passing a bill that would permit compensatory and punitive damages for violations of the Wisconsin’s state employment discrimination law:

A bill designed to stiffen penalties for employer discrimination passed the state Assembly on Wednesday, [April 29th].

The bill requires companies that discriminate against their workers to pay compensatory and punitive damages. This is a step above the current law, which lets the state order companies to rehire workers and pay back pay, along with attorney fees. This bill applies to employers who discriminate based on race, gender and other factors.

Democratic supporters say this bill punishes discrimination, while Republican critics say it will increase lawsuits and hurt businesses.The bill now goes to Gov. Jim Doyle for his signature as both the state Senate and Assembly have both approved it.

Actually, this amendment to the Wisconsin law is consistent with what happened to federal Title VII law after passage of the Civil Rights Act of 1991 (CRA of 1991). 

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Wisconsin, the Stimulus Package, and Green Jobs

Some legal commentators in recent months have questioned whether the Obama Stimulus Package will truly create green jobs for the American economy. See, for example, Morriss et. al., Green Job Myths.

Here is some indication how to use those dollars so that they will actually create those jobs.  The following is a press release from the Center on Wisconsin Strategy (COWS), a nonprofit, nonpartisan “think-and-do tank,” dedicated to improving economic performance and living standards in the state of Wisconsin and nationally:

A new report from the Center on Wisconsin Strategy encourages the state to embrace the green-collar potential of a clean energy economy. Greening Wisconsin’s Workforce: Training, Recovery and the Clean Energy Economy looks at how Wisconsin might best use its Recovery Act dollars and first-rate technical college system to ensure that the emerging green economy benefits Wisconsin’s working families. 

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