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Author: Jeremy Talcott

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 ...

July 30, 2018

Victory in ‘Starry Night’ mural case illustrates free speech in action

Originally published by The Hill, July 30, 2018. The mural that adorns the exterior of Nancy Nemhauser and Lubek Jastrzebski’s Mount Dora, Florida, residence has become famous in its own right. In the style of Vincent van Gogh’s masterpiece, “The Starry Night,” it’s a homage to a beloved artwork that also incorporates ...

July 18, 2018

Victory in the Starry Night mural case!

The Starry Night House saga has finally come to a close. Last night, the Mount Dora City Council voted unanimously to approve a settlement agreement that lets homeowners Nancy Nemhauser and Lubomir Jastrzebski keep the mural on their house and a surrounding wall. The agreement also dropped all of the previously imposed fines and will ...

May 02, 2018

CA Senate considers eminent domain reform

We’ve written extensively about negative developments in California eminent domain use over the years, but today we filed this comment letter with the California Senate Judiciary Committee in support of a positive reform attempt, SB 1167. SB 1167 would require governments to issue a final offer of compensation whenever they initiate condemn ...

March 23, 2018

Due Process: Criminals vs. property owners

One of America's most cherished constitutional guarantees is the promise that no one may be deprived of life, liberty, or property without due process of law. Many people know of the due process protections for people accused of a crime, such as the presumption of innocence and the right to counsel. But adjudication processes by ...

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