Articles

Weekly litigation update — July 1, 2017

July 01, 2017 | By JAMES BURLING

PLF sues Seattle over compelled political campaign contributions What are the odds? Supreme Court to decide constitutionality of federal sports betting ban SCOTUS denies review of a takings win in the state of Florida Cap and Trade tax here to stay Supreme Court goes to bat twice for religious liberty Discrimination case turned back PLF … ...

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PLF fights politicians’ rigged scheme that gives unions a veto over First Amendment free speech rights

July 01, 2017 | By PACIFIC LEGAL FOUNDATION

Thanks to you, Pacific Legal Foundation is able to fight for core constitutional rights — including First Amendment free speech protections — in courtrooms from coast to coast. Right now, California is ground zero for one of the most important battles that PLF is waging on behalf of First Amendment freedom — the cherished liberty … ...

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Yes, Justice Thomas, the doctrine of regulatory takings is originalist

July 02, 2017 | By JAMES BURLING

In his dissent in Murr v. Wisconsin, Justice Thomas opined that “the Court, however, has never purported to ground those precedents in the Constitution as it was originally understood.” and “in my view, it would be desirable for us to take a fresh look at our regulatory takings jurisprudence, to see whether it can be … ...

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Finally, a right to move—and to compete—in West Virginia

July 05, 2017 | By ARTY VOGT

I’ve been a household goods mover for more than 24 years and, since 2005, owner of Lloyd’s Transfer & Storage, a small moving company in Berryville, Virginia, just 10 miles from the West Virginia border. And for the past year or so, I’ve been the plaintiff in a federal constitutional lawsuit against West Virginia, challenging ...

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It’s magical legal thinking to say Trump can’t reverse Obama’s national monuments

July 06, 2017 | By TODD GAZIANO

Suppose President Trump declared much of California, Nevada and Oregon — states that just happened to vote against him — off-limits to economic development and recreational use. Suppose he barred all mining, grazing, agriculture and even camping from these states’ federal lands (roughly 46% of California, 85% of Nevada and 53% of Oregon ...

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California Supreme Court deals blow to coastal property owners

July 06, 2017 | By LARRY SALZMAN

In a disappointing blow to property rights this morning, the California Supreme Court ruled against Encinitas, California homeowners who had raised a constitutional challenge to conditions imposed on their seawall-construction permit by the California Coastal Commission. PLF represented Thomas Frick and the heirs of Barbara Lynch pro bono, in Lynch ...

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Mark Hamill vs. Autographed Memorabilia : The Revenge of the Dark Side

July 06, 2017 | By ANASTASIA BODEN

Our friends at Reason have posted this excellent video on Mark Hamill’s effort to destroy small booksellers save kids from the menace that is fake Mark Hamill autographs.  Hamill’s legislative efforts resulted in a law so burdensome that it threatens to shut down bookstores across California.  We’re representing Bill Petrocelli ...

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PLF asks Louisiana Supreme Court to enforce constitutional limits on the exercise of eminent domain

July 06, 2017 | By BRIAN HODGES

The government’s authority to take private property without the owner’s consent is a terrible and awesome power. Aware of this, the nation’s founders placed two key restrictions on its exercise: that government shall not take property unless it is for a valid public use and just compensation is paid. But those limits are only as ...

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California Legislature to consider two bills that repeal the unconstitutional autograph law

July 06, 2017 | By JOSHUA THOMPSON

Back in May, Pacific Legal Foundation filed a lawsuit on behalf of Book Passage and Bill Petrocelli. The lawsuit challenged a newly-enacted law that made the sale of autographed books unconscionably difficult . As we explained at the time, the statute was ostensibly adopted to protect individuals from fraud when they purchase sports or entertainmen ...