Mr. Gilbert has litigated and advised clients on free speech rights of students and employees, free speech and the Internet, and free speech retaliation; school prayer, the distribution of religious literature in a school or government setting, the use of public facilities by religious groups, the celebration of religious holidays in the public schools, the rise of esoteric religions and their impact in the public sector, and the use of religious music in the public schools; dress codes; student newspapers and yearbooks; and library and curriculum issues.

Mr. Gilbert also has significant experience litigating employment discrimination and civil rights cases, including claims brought under the First and Fourteenth Amendments, Title VII, Title IX, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). Mr. Gilbert was the lead author of the National School Board Association’s amicus brief that was filed in the United States Supreme Court in Board of Educ. of Indep. Sch. Dist. No. 92 of Pottawatomie County v. Earls, 536 U.S. 822, 122 S. Ct. 2559 (2002), a case involving the drug testing of students involved in extracurricular activities. Mr. Gilbert also advises private companies seeking to contract with governmental entities on the possible open records issues that such relationships may engender.