Amicus Briefs

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Freedom of Speech and Association

September 02, 2020

Nominal damages ensure more than symbolic vindication of constitutional rights

Uzuegbunam v. Preczewski

In Uzuegbunam v. Preczewski, the Supreme Court will decide whether the government can moot a civil rights case by rescinding its unconstitutional policy after being sued, even though the plaintiff seeks nominal damages for a past, completed constitutional injury—in this case, a college student's First Amendment right to speak freely on campus. Th ...

July 01, 2017

Liberating workers from compulsory unionism

Hill v. Service Employees International Union

The Illinois Public Labor Relations Act deems home healthcare and childcare providers who receive state subsidies to be "public employees" and requires a union to be the providers' exclusive representative for bargaining with (e.g., lobbying) the state over regulations and policies related to the state care-services programs. Plaintiffs are provide ...

August 06, 2016

San Francisco’s tactics in its war on soda violate the First Amendment

American Beverage Association v. City and County of San Francisco

A San Francisco ordinance requires advertisements related to sugar-sweetened beverages to devote 20% of the space to city-specified speech: "WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay. This is a message from the City and County of San Francisco." A coalition of beverage trade associations sued ...

May 16, 2016

California unconstitutionally imposes mandatory arbitration for labor contracts in the agricultural sector

Gerawan Farming v. Agricultural Labor Relations Board

Gerawan Farming is a family-owned company that grows grapes and stone fruit in the San Joaquin Valley. Unique in the nation, a California statute compels agricultural employers and their employees' unions to assent to collective bargaining agreements. Rather than being negotiated at arm's length, these agreements' terms are dictated to the parties ...