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Free Speech and Association

April 10, 2019

The California DMV can’t censor team spirit

Jon Kotler is the latest in a long line of Americans who have chosen to stand up for their First Amendment rights to free speech. Jon is an unassuming man with an encyclopedic knowledge of sports. He could talk to you about everything from the conditions of old Candlestick Park to the skill set of ...

April 09, 2019

Patience and persistence: A First Amendment odyssey

Last summer, the Supreme Court decided Janus v. AFSCME, holding that public employees' political autonomy is protected by the First Amendment and that states may not, therefore, allow unions to garnish workers' wages for "dues" without the workers' affirmative consent. States and public employee unions are slowly coming into line, and many non-unio ...

April 08, 2019

Dirty Minds of the DMV

Many Americans love decking out their wheels with personalized license plates. The 1964 James Bond film Goldfinger not only featured "JB 007" on Sean Connery's new Aston Martin DB5 but also had Goldfinger himself adorn his Rolls Royce Phantom with an "AU1" plate—showing off his ego and knowledge of the periodic table. The Ghostbusters drove ...

March 29, 2019

Falconers respond to flights of fancy in government motions

Imagine one quiet morning you are sitting at home minding your own business. Suddenly, there are is a loud rap on your front door. Understandably startled, you approach the door apprehensively, and open it a crack. On your doorstep are several armed government agents demanding entry into your home. Aghast, you demand to know why. ...

March 29, 2019

Tell me why?

Everyone has a First Amendment right to remain silent – the government cannot compel speech or association without a person's affirmative consent. In Harris v. Quinn (2014), the Supreme Court held that the Service Employees International Union in Illinois unconstitutionally stole "dues" from Medicaid subsidies paid to more than 30,000 home-based ...

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 ...