Articles

The Interview shows why courts should fix the commercial speech doctrine

December 29, 2014 | By CHRISTINA MARTIN

The Interview, a ridiculous movie about a fictional plot to assassinate the leader of North Korea, made millions this weekend after Sony Pictures decided to release it to those theaters and online stores willing to offer it. Sony’s decision came only after a storm of criticism for its initial decision to withhold the film, caving … ...

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PLF victory in free speech lawsuit

May 05, 2015 | By CHRISTINA MARTIN

Last month, we celebrated when the City of Alexandria repealed its unconstitutional ban on “For Sale” signs, which we were challenging in our lawsuit, McLean v. City of Alexandria. Today, we won the legal battle. The U.S. District Court for the Eastern District of Virginia ruled in our favor, declaring that the City violated Scott McL ...

Articles

A quick win for free enterprise and free speech

November 27, 2016 | By LARRY SALZMAN

In September, PLF took on the City of San Juan Capistrano, Calif., by filing a federal free speech lawsuit challenging the city’s ban on displaying for-sale signs in cars. Our client, Michael Cefali, was fined fined for parking his car in front of his home with a for-sale sign–and, after some research, determined that hundreds … ...

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High Court Should Hear First Amendment Case Against Bullying Bureaucrats

January 04, 2017 | By WENCONG FA

For most of his career, Nebraska resident Bob Bennie happily conducted his business as a successful financial advisor without government harassment. But that changed after he was quoted in a newspaper making controversial remarks about President Obama. Suddenly, Bennie had a bullseye painted on his back by regulators who oversee his industry. The r ...

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Oklahoma officials agree to stay enforcement of unconstitutional American Indian art law

January 05, 2017 | By CALEB TROTTER

There’s some great news out of Oklahoma to announce. Oklahoma officials have agreed to (and the Court has signed off on) a stipulation to stay enforcement of Oklahoma’s American Indian Arts and Crafts Sales Act while PLF’s challenge to the law is pending. If you’ll recall, in November PLF challenged that law on behalf of a ...

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Exclusive representation violates the First Amendment

January 06, 2017 | By DEBORAH LA FETRA

New York laws and regulations deem family daycare providers (individuals who operate daycare businesses in their homes) to be “public employees” and requires a union to be the daycare providers’ exclusive representative for bargaining with (e.g., lobbying) the state over daycare regulations and policies. The workers who are “ ...

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Why won’t Oklahoma let American Indian artists say they’re American Indian artists?

January 08, 2017 | By CALEB TROTTER

For over 30 years, Peggy Fontenot has sold her beadwork and photographs at American Indian art shows across the country. But this year, at the behest of politically connected tribes, Oklahoma passed a law that prohibits anyone who is not a member of a federally recognized tribe from marketing their art as “American Indian-made.” This & ...

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When “Indian” art becomes contraband

January 09, 2017 | By ANASTASIA BODEN

For more than 30 years, Peggy Fontenot has sold her beadwork and photographs at American Indian art shows across the country. But this year, at the behest of politically connected tribes, Oklahoma passed a law that prohibits anyone who is not a member of a federally recognized tribe from marketing their art as “American Indian-made.” & ...

Articles

Cert grant pitting “concerted activities” against freedom of contract

January 13, 2017 | By DEBORAH LA FETRA

Today the Supreme Court granted certiorari in three cases that raise the same issue: whether the National Labor Relations Act, which protects workers’ rights to engage in “concerted activities” for their mutual benefit, trumps the Federal Arbitration Act’s protection of the freedom of contract that allows employers and emplo ...