D'Orazio Peterson LLP

Are accusations of cancel culture and the woke mob the new political correctness run amok? It seems like it. In our practice, deflecting from illegal conduct by lamenting about political correctness, or drawing false equivalencies, most often comes up in harassment cases, especially sexual harassment. Today we’re revisiting a 2017 article on that subject. It was written when the #metoo movement was blowing up and the overall sentiment feels relevant as we again examine what is and is not acceptable behavior. https://www.doraziopeterson.com/why-calling-out-sexual-hara [ Dr. Bernice King is the daughter of Dr. Martin Luther King, Jr. and Coretta Scott King and is the CEO of the Martin Luther King, Jr. Center for Nonviolent Social Change]

Glad to see Albany Law School President and Dean Alicia Ouellette sign on to this letter. From the article: Law deans and professors nationwide decried the deadly Capitol riot as an assault on the rule of law, and expressed ‘dismay and sorrow’ over fellow attorneys who filed frivolous claims on behalf of Donald Trump to overturn the presidential election. In a joint statement on Tuesday, more than 150 academics cited their obligation to ‘preserve the integrity of the legal ...profession’ and speak with one voice. ‘The violent attack on the Capitol was an assault on our democracy and the rule of law. The effort to disrupt the certification of a free and fair election was a betrayal of the core values that undergird our Constitution. Lives were lost, the seat of our democracy was desecrated, and our country was shamed,’ they said in their statement.

A point of clarification given some comments we've seen on various Rudy Giuliani articles - being removed from membership in a bar association is not the same as being disbarred, i.e., having your license to practice law revoked. In New York, attorney discipline is handled by the grievance committee(s) in the judicial department in which the lawyer was admitted to the practice of law.

On National Law Enforcement Appreciation Day, we particularly acknowledge Capitol Police officer and veteran Brian Sicknick who died due to injuries he suffered in the attack on the Capitol. Here, officers salute the flag lowered to half-staff in his honor. Todd Heisler/The New York Times.

Plaintiff’s lawyers appreciate the concept of hitting people in the pocketbook when they won’t do the right thing. Corporations can sue for defamation when false statements harm their business reputation. Whether any litigation privilege (which can protect attorneys speaking on behalf of their clients in litigation) applies will remain to be seen.

Courts have consistently held that the First Amendment does not apply to private social media platforms (i.e., no free speech), and only where there is state action. Even when government intrusion on speech is involved, incitement to imminent lawless action is not protected. (Note: there are First Amendment implications when government figures or entities restrict speech on their own social media pages or accounts because then it is the state acting).