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Author: Jim Manley

June 03, 2021

Free speech protects ideas, including the right to truthfully advertise

Free speech is all around us, even in ways that might not be immediately obvious. We talk a lot about the First Amendment's free speech protections during campaign season, when individuals want to express a deeply held idea, when they want to refrain from speaking, and when an idea is deemed "unacceptable" by certain groups. ...

September 30, 2020

The Hill: End it, don’t mend it: Legislative ‘fix’ to California’s AB 5 is a disaster

When California's controversial AB 5 law took effect Jan. 1, independent contractors suddenly found their ability to make a living in the Golden State in jeopardy. The public outcry from entrepreneurial freelancers and gig workers, who faced lost work opportunities and declining incomes, was powerful. Their protest intensified a couple of months la ...

September 01, 2020

California passed a law trying to “fix” AB-5, but simply showed the damage its causing freelancers

The California Legislature has been busy tinkering with AB 5—the disastrous ban on independent contracting it enacted last year that has crippled freelance journalism and driven Uber and Lyft to the brink of abandoning the Golden State. AB 2257—the "fix it" bill just passed to address the many practical problems created by AB 5—restores some ...

August 21, 2020

California freelancers’ fight to earn a living is alive and well

The Ninth Circuit Court of Appeals yesterday allowed an appeal to proceed that challenges freelancing restrictions imposed by California's Assembly Bill 5 (AB 5). The State of California had asked for the case to be thrown out, but the Court did not grant that relief. Instead, the Court ruled that two separate appeals brought by ...

February 19, 2020

How local governments are stealing Arizonans’ home equity

This article was co-authored by Daniel Dew, legal policy director for Pacific Legal Foundation. Jim Manley lives with his family in Phoenix, where he litigates in defense of individual liberty for PLF. Can the government seize your home over an $8 property tax miscalculation and leave you with nothing? In Arizona, and a shrinking number ...

December 23, 2019

The Hill: California law unjustly and unconstitutionally restricts freelance journalists

Freelancing is a centuries-old practice. But with a controversial state law set to take effect Jan. 1, 2020, freelance journalism soon may become a thing of the past in California. Assembly Bill No. 5 (AB5) was enacted in 2019 to create a new three-part test under California law for determining whether someone is an independent ...

December 16, 2019

The Hill: Call the midwife — but not if you live in Georgia

Debbie Pulley is a midwife, but if she told you that, the Georgia Board of Nursing would fine her $500. That's because the board has barred the use of the title "midwife" by anyone who doesn't hold a nursing license — even people like Pulley, who has spent the past 40 years delivering more than ...

June 14, 2019

Why flag burning and the First Amendment come to mind on Flag Day

Today is Flag Day, which marks 242 years since the United States adopted the Stars and Stripes as our nation's official flag—and next week marks 30 years since the U.S. Supreme Court protected the right to burn that flag. Three decades after the court's decision, it remains controversial. For example, shortly after his election, President-elect ...

November 26, 2018

How Unnecessary Laws Pit Falconry Against Free Speech

Originally published by The Daily Signal on November 26, 2018. When flocks of birds fly too close to airports, hotels, or landfills, property managers call someone like professional falconer Scott Timmons. Timmons launches one of his falcons to patrol the property, where the majestic creature swoops and dives, scaring away seagulls, pigeons, and th ...

November 02, 2018

Is this picture of a falcon illegal?

Picture America. Idyllic images of amber waves of grain, purple mountain majesties, or ancient desert canyons fill the mind. Above whatever landscape the word "America" calls to your mind, an eagle probably soars through the sky. Ironically, that image of freedom evoked by a bird of prey gliding through the sky is actually tightly controlled ...