Articles Posted in Civil Rights

As we predicted when the order issued on September 15, 2021, Justice Laurence Love has lifted an order he issued which would have blocked a New York City Vaccine Mandate from taking effect. Last week, the court issued a temporary restraining order prohibiting a New York City law from taking effect which would have required…

Across the United States, COVID-19 vaccine mandates are rolling out. Schools, colleges, employers, states, and health care facilities are requiring students, employees, and others to be vaccinated against COVID-19. Since the mandates have been announced, the employment and civil rights attorneys at Famighetti & Weinick PLLC have been busy fielding calls about individuals concerned about…

Long Island civil rights attorneys Famighetti & Weinick PLLC have been following the law concerning mandatory vaccinations. Recently, we blogged about the legality of workplaces requiring that employees be vaccinated. Throughout the pandemic, we opined that courts would give deference to government regulations aimed at curbing the spread of COVID-19, based on a 1905 Supreme…

Followers of our civil rights blog will know that since the early days of the pandemic, our interpretation of existing law led us to conclude that most COVID-19 regulations, include lock downs, social distancing, and mask wearing, would be upheld by courts as constitutional. This conclusion was reached in large part by a 1905 Supreme…

UPDATE: SCOTUS HAS REVERSED THIS DECISION. SEE OUR MOST RECENT BLOG ABOUT THIS CASE. Throughout the COVID-19 pandemic, the civil rights lawyers at Famighetti & Weinick PLLC have been closely following the lawfulness of government restrictions implemented to control the spread of the virus. From the earliest days, our video blog series, “Lockdown Video Series,”…

The First Amendment protects, among other freedoms, the freedom of speech. The First Amendment applies only to prohibit government conduct, not private conduct. Governments take many forms, including towns, counties, and public school districts. So, the First Amendment applies to public schools and universities. But, in certain contexts, such as schools, the First Amendment does…

From the beginning of the coronavirus pandemic, the civil rights lawyers at Famighetti & Weinick PLLC, have predicted that constitutional challenges to government covid-19 regulations would likely fail. Our videos and blogs have outlined some of our reasoning and earlier this month, partner Matt Weinick published an article further discussing the role of a 1905…

Early on in the coronavirus pandemic, we posted content about the constitutionality of social distancing and business shutdown orders. At the time, the issues were new and had not been recently tested in court. With protests about such orders’ constitutionality becoming more prevalent and with the orders being tested in court, it is time to…

Employees facing discrimination in the workplace must usually rely on statutes to sue their employers. Governments, however, must operate within the boundaries of the Constitution, including when the government acts as an employer. So, employees who work for a government, such as a state, town, city, or special district, may be able to bring legal…

No constitutional right is absolute. In the context of the First Amendment and free speech, the law regulates speech which defames another person. On Tuesday, August 6, 2019, in Palin v. The New York Times Company, the United States Court of Appeals for the Second Circuit decided a case involving the intersection of politics, gun…