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Daily Journal : The High Court upholds nonprofit donors’ constitutional right to privacy

July 16, 2021 | By JEREMY TALCOTT

To anyone considering donating to a nonprofit organization (and I know a few good ones!), I have some great news: The U.S. Supreme Court has upheld your constitutional right to privacy of association. On July 1, in a 6-3 opinion in Americans for Prosperity Foundation v. Bonta, 2021 DJDAR 6702, the Supreme Court struck down … ...

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Daily Journal : In AFP v. Beccera, Supreme Court has the opportunity to bolster free speech 

April 30, 2021 | By JEREMY TALCOTT

On Monday, the Supreme Court heard argument in a case asking whether you have the right to privacy when you make charitable donations.  Americans for Prosperity Foundation v. Bonta, 19-251 (S. Ct., filed Aug. 26, 2019); The case involves a California requirement that all nonprofit organizations soliciting donations within Califo ...

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Daily Journal : California’s attack on donor privacy draws supreme scrutiny

January 20, 2021 | By JEREMY TALCOTT

Do you have the right to privately support charities and causes you believe in? And what standard applies when the government seeks to discover otherwise-anonymous donors’ identities from nonprofit organizations? On Jan. 8, the U.S. Supreme Court granted certiorari in Americans for Prosperity Foundation v. Becerra to clarify the answers to th ...

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Daily Journal : The California Coastal Commission attempts to claim authority over local building permits

January 04, 2021 | By JEREMY TALCOTT

The California Coastal Act of 1976 created a new state agency, the California Coastal Commission, and granted it tremendous authority over development along California’s coastline. But the act also gave local governments a powerful tool to gain back some control — local governments are allowed to submit a local coastal program to the commis ...

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The First Amendment protects the emoji house and the ‘Starry Night’ house

September 09, 2019 | By JEREMY TALCOTT

A Manhattan Beach duplex with a unique paint job has been mired in controversy. A few months ago, Manhattan Beach resident Kathryn Kidd hired a local artist named Z the Art to paint her house in a bright pink color with a pair of cheeky emoji faces. While Kidd enjoys the house, her neighbors have … ...

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Ninth Circuit won’t rehear forced disclosure case

March 29, 2019 | By JEREMY TALCOTT

This morning the Ninth Circuit denied Americans for Prosperity Foundation’s petition for rehearing en banc in AFPF v. Becerra. For those who don’t remember, the Foundation sued over a California law that requires tax-exempt nonprofit organizations to hand over an IRS form that contains names and addresses of their donors. The trial cour ...

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PLF urges SCOTUS review of Hurricane Katrina flooding case

October 25, 2018 | By JEREMY TALCOTT

By any measure, Hurricane Katrina was a disastrous natural catastrophe. But for many landowners in St. Bernard Parish, what might have been a damaging but survivable storm was transformed into total devastation by a series of government actions and omissions stretching back decades. Last week, we filed this amicus brief asking the Supreme Court to ...

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Scope of government’s duty after groundwater ruling is unclear

September 11, 2018 | By JEREMY TALCOTT

Originally published in the Daily Journal, September 11, 2018. The 3rd District Court of Appeal recently ruled that the public trust doctrine can apply to groundwater extraction, but the court left some questions unanswered. A recent ruling in the 3rd District Court of Appeal will very likely increase environmental litigation in California and make ...

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Ninth Circuit remains hostile to free association for conservative groups

September 11, 2018 | By JEREMY TALCOTT

This morning the Ninth Circuit released this opinion in Americans for Prosperity Foundation v. Becerra, a case about whether California can demand confidential donor forms from nonprofit organizations operating within the state. Twice the district court has found that the law violates  donors’ First Amendment rights of free speech and associ ...