First Amendment Issues

First Amendment protection derives from the US Constitution. Consequently, study of First Amendment issues focuses heavily on Supreme Court rulings and is constantly changing. For example, employee-speech jurisprudence has been significantly narrowed by the recent Garcetti holding. The only internal employee speech that may now be protected by the First Amendment is speech that is not made by the employee in the course of performing duties, or that falls within the realm of academic freedom, i.e. scholarship or teaching. Garcetti v. Ceballos, __ U.S. __, 126 S. Ct. 1951, 74 U.S.L.W. 4257 (2006). An experienced appellate attorney certified by the Texas Board of Legal Specialization in Civil Appellate Law, like the attorneys at O’Hanlon, McCollom & Demerath, can be crucial when navigating the complex statutory remedies created to protect constitutional rights.

An attorney who is Board Certified by the Texas Board of Legal Specialization in Civil Appellate Law must be experienced in handling appeals in appellate courts. The attorney must have prepared briefs and performed oral arguments in a number of civil appeals. The appeals must have been handled by the attorney as lead counsel and must have involved appeals from final judgments to the highest court of jurisdiction. Extensive knowledge of both appellate advocacy and trial procedure is also required.
 

Other Practice Areas

Economic Development Incentives / Employment law / Employment Discrimination
Personal Injury / Constitutional Law / Public Policy Litigation.
School Law and General Public Finance
General Counsel Advice to Governmental Agencies and Subdivisions
Open Government / First Amendment Issues / School Personnel / Construction Litigation