Also known as: postings
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The act of affixing or displaying a notice, message, or document in a public place or on property to provide information or express a view. Such posting may raise issues under the Establishment Clause when it involves religious content in public schools or under free-speech doctrines when it occurs on public property.
The act of affixing or displaying a notice, message, or document in a public place or on property to provide information or express a view. Such posting may raise issues under the Establishment Clause when it involves religious content in public schools or under free-speech doctrines when it occurs on public property.
A state legislature directs every public school to display a framed copy of the Ten Commandments in each classroom. Parker Phillips, a parent, sues the school district claiming the required posting advances religion. The court holds the posting unconstitutional because its religious character is inherent and cannot be cured by a claimed secular purpose.
The act of displaying information on a website, bulletin board, or other public medium to provide notice or make materials available to shareholders or the public. This method satisfies delivery or publication requirements when the posting is reasonably accessible and the governing rule permits it.
International News Service copies recent war reports from Associated Press member papers and posts the same stories on its own bulletin boards for sale to subscribers. Associated Press sues for misappropriation. The posting allows simultaneous or earlier distribution to INS readers, depriving AP members of the commercial value of their gathered news.
The act of displaying information on a website, bulletin board, or other public medium to provide notice or make materials available to shareholders or the public. This method satisfies delivery or publication requirements when the posting is reasonably accessible and the governing rule permits it.
Each sense below has its own examples, sources, and questions.
A state enacts a statute authorizing a daily moment of silence in public schools for meditation or voluntary prayer. Priscilla Parks, a parent, challenges the law as an establishment of religion. The court examines whether the statute's purpose and effect amount to state endorsement of prayer through the required classroom posting of the moment.
Members of a church group display signs near a military funeral reading "God Hates the USA" and "Thank God for Dead Soldiers." Philip Powell, the father of the deceased marine, sues for intentional infliction of emotional distress. The court holds that the signs, posted on public land, constitute protected speech on matters of public concern.
A veterans' group organizes a St. Patrick's Day parade and refuses to allow an Irish-American gay and lesbian organization to march under its own banner. Pedro Pacheco, a member of the excluded group, sues claiming the exclusion violates state antidiscrimination law. The court holds that the parade organizers' decision about which messages to include through participant selection is protected expression.
Yes. Publication requires only that the defendant intentionally or negligently communicate the statement to at least one third party. Placing the statement on a public-facing portal or forum makes it accessible to prospective users and satisfies the element regardless of whether the plaintiff ever logs in or reads the words.
Yes. Sending the memo to multiple chairs is an intentional communication to third parties. Subsequent negligent handling that exposes the memo to additional readers continues the publication chain. One other person is sufficient. Mass circulation is not required.
J. I. Case Co. mails proxy materials to shareholders that allegedly contain misleading statements about a merger. Pablo Perez, a shareholder, brings a derivative suit alleging violation of the securities laws. The court recognizes an implied private right of action so that shareholders can enforce the proxy rules through litigation.
Posting satisfies the requirement when the information is made generally available by a method permitted under the governing statute or rule, such as the corporation's website. Actual awareness by individual shareholders is unnecessary if the posting meets the accessibility standard.
No. Even when member papers post stories on public boards, the commercial value of timely, exclusive distribution remains protectable. Unauthorized copying and simultaneous posting by a competitor constitutes misappropriation.
…of declaratory relief thereon under § 27 of the Act.[^maj-2] The court held Wis. Stat., 1961, § 180.405 (4), which requires posting security for expenses in derivative actions, applicable to both counts, except that portion of Count 2 requesting declaratory relief. It ordered the respondent to furnish a bond in the…