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Author: Jeremy Talcott

July 16, 2021

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

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 ...

April 30, 2021

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

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 ...

January 20, 2021

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

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 those qu ...

January 04, 2021

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

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 commission f ...

September 09, 2019

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

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 ...

March 29, 2019

Ninth Circuit won’t rehear forced disclosure case

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 ...

October 25, 2018

PLF urges SCOTUS review of Hurricane Katrina flooding case

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 ...

September 11, 2018

Scope of government’s duty after groundwater ruling is unclear

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 ...

September 11, 2018

Ninth Circuit remains hostile to free association for conservative groups

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 ...

August 29, 2018

California Court of Appeal imposes public trust obligations on groundwater well permits

This morning a California Court of Appeal issued an unfortunate opinion (although given the state of California courts, perhaps an unsurprising one) affirming in full a trial court decision that imposed public trust obligations on the County of Siskiyou’s issuance of groundwater well permits. The decision could have a significant negative imp ...

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