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UPDATE: Ninth Circuit Finds Lawsuit Regarding COVID-19 Limits on In-Person Learning Now Moot

The plaintiffs in Brach v. Newsom (9th Cir. June 15, 2022, No. 20-56291) __ F.4th __, originally filed a case in U.S. District Court for the Central District of California, challenging various orders, including the 2020-2021 Reopening Framework, issued by California government officials concerning the operation of both public and private schools during the COVID-19 pandemic.

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U.S. Supreme Court Strikes Down Maine Law Prohibiting Tuition Assistance to Religious Private Schools

In Carson v. Makin (2022) ___U.S.___ [141 S.Ct. 1987], the United States Supreme Court, by a 6-3 decision, ruled that Maine’s tuition assistance program, which prohibits funding to nonsectarian schools, violated the Free Exercise Clause of the First Amendment.

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Supreme Court Rules in Favor of Football Coach Conducting Brief, Quiet, and Personal Post-Game Prayer on the Field

On June 27, 2022, the United States Supreme Court ruled in favor of a high school football coach holding that the Free Speech and Free Exercise Clauses of the United States Constitution’s First Amendment protected his personal and individual prayer on the field following three football games in October 2015.

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United States Supreme Court Speaks on Government Versus Private Speech in Residents' Display of Flags on Public Property

In Shurtleff v. City of Boston (2022) 142 S.Ct. 1583 (Shurtleff), the United States Supreme Court, for the first time, addressed a topic that presents a common and growing issue for public agencies related to the intersection between government versus private speech.

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Federal District Court Upholds Consequences for Student's Offensive Tweet

In Castro v. Clovis Unified School District (E.D.Cal. May 20, 2022, No. 1:19-cv-00821-DAD-SKO), a United States District Court recently upheld the Clovis Unified School District’s (District) decision to revoke a student’s privilege of “walking” during his graduation ceremony in response to the student posting a tweet depicting a classmate captioned with a racial sl

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Emotional Distress Damages Unavailable in Section 504 Actions

On April 28, 2022, the United States Supreme Court narrowed the scope of damages available under Section 504 of the Rehabilitation Act of 1973 (Section 504), ruling that emotional distress damages are not recoverable in private actions to enforce Section 504 and other similar Spending Clause antidiscrimination statutes, including the Affordable Care Act (ACA), Title VI, and Title IX.

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In a Victory for Public Agencies, United States Supreme Court Upholds City Off-Premises Sign Ordinance

In its recent holding in City of Austin, Texas v. Reagan National Advertising of Austin, LLC (U.S., Apr. 21, 2022, No. 20-1029), The United States Supreme Court upheld the right of public agencies to regulate on-premises and off-premises signs differently.

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U.S. Supreme Court Upholds a Community College Board's Censure of a Board Member

On March 24, 2022, the United States Supreme Court decided a case relevant to public agency governing boards managing disruptive board members. The case was originally brought by David Wilson, an elected trustee on the Houston Community College Board.

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Cautionary Click Tale: California Court of Appeal Holds that Online Pop-Up Provides Adequate Notice of Binding Agreement Terms

In B.D. v. Blizzard Entertainment, Inc. (Mar. 29, 2022, No. D078506)    Cal.App.5th    , the California Court of Appeal held that a pop-up license agreement used for an online videogame provided adequate notice to users that they would be bound by its terms, including a requirement for binding arbitration.

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