When the government seeks to stifle a viewpoint it doesn't like, it's probably not going to be forthcoming about it. Instead, it will concoct a pretextual reason for its action, or use a "neutral" proxy that, in practice, discriminates against viewpoints it doesn't like. For the First Amendment to have teeth, then, courts must be ...
When Alexis de Tocqueville made his famous sojourn to America in the early days of our republic, he was struck by our commitment to democratic principles. In those days almost all government was local and conducted through various direct mechanisms like town meetings. Basically, elected officials, neighbors, and the curious would get together and d ...
Today, PLF filed an amicus brief urging the Supreme Court to reconsider the First Amendment's relationship to campaign contributions in a case called Illinois Liberty PAC v. Raoul. The case challenges an Illinois law that imposes contribution limits on all individuals and groups except political parties and their leaders. The case would allow the C ...
The residents of Boston come from a diverse array of cultural, ethnic, social, and religious backgrounds. To help celebrate and commemorate the City's diversity, Boston allows private groups to fly flags on one of the City's flagpoles next to Boston's City Hall building. The City has allowed a wide array of groups to use the ...
Yesterday, the Supreme Court denied certiorari in Conagra v. State of California, a California state court decision holding that that three companies that lawfully sold lead paint are liable for creating a public nuisance and must therefore pay hundreds of millions of dollars into an "abatement" fund to investigate residential lead paint in the sta ...
Does a landlord have a constitutional right to ask about someone’s criminal background before renting to them? Today, PLF filed a brief in Yim v. City of Seattle unveiling the (obvious) answer: Yes! Seattle’s “Fair Chance Housing Ordinance” forbids inquiries into a rental applicant’s criminal history. And just in ca ...
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