“While there is evidence that the resolution’s drafters sought to curb discrimination and harassment identified in the survey conducted by the bar, such an intent cannot be used to justify the possible chilling of free speech,” stated the opinion. “The resolution covers a substantial amount of protected speech.”
Jury Should Decide Rail Co.’s Interpretation of Injured Worker’s Medical Report, Fed. Circuit Says, Reviving Discrimination Claim
The company argued that it did not view the plaintiff’s