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Freedom of Speech and Association

Freedom Foundation v. Washington Dept. of Ecology

State agency Scrooge violates Santa’s First Amendment rights

Each year around the holidays, Washington-based Freedom Foundation sends staff members to the lobbies of state agency buildings. These staffers—dressed as Santa—hand out leaflets that explain state employees’ right to opt out of union dues. Allowed by most agencies, the Washington Department of Ecology in 2017 instead prohibited the leafl ...

Rentberry v. City of Seattle

Seattle’s unconstitutional rent-bidding law blocks innovation, free speech

Rentberry is a small San Francisco-based startup that connects landlords and renters through a rent-bidding website. The company hopes to expand its service to Seattle, however city council adopted a one-year moratorium on the service over concerns it might violate existing rental law and might inflate housing costs—despite no evidence that eithe ...

Elster v. City of Seattle, Washington

Seattle’s politician enrichment tax forces property owners to subsidize private political speech and violates the First Amendment

Representing Seattle residents and property owners, PLF sued to overturn Seattle’s ordinance mandating public campaign financing. Under the city’s “democracy voucher” program, each Seattle resident receives four $25 vouchers to support eligible candidates for local political office. The money to fund the voucher program is t ...

Elderly man in library Book Passage v. Becerra

Saving free speech one book at a time

In the wake of a First Amendment challenge by Bay Area book seller Bill Petrocelli and his renowned store, Book Passage, California has rescinded the state’s onerous “certificate of authenticity” requirement for the sale of autographed books. The regulation would have made it extremely risky, if not impossible, for stores to sell ...

Fontenot v. Hunter, Attorney General of Oklahoma

A state cannot prevent truthful marketing of art as “American Indian-made.”

Peggy Fontenot is an award-winning American Indian photographer and artist, specializing in hand-made beaded jewelry and cultural items. A member of Virginia’s Patawomeck tribe, she has made her living for 30 years traveling the country to show and sell her American Indian art. She regularly participated in Oklahoma art festivals until local, ...

Hill v. Service Employees International Union

Liberating workers from compulsory unionism

The Illinois Public Labor Relations Act deems home healthcare and childcare providers who receive state subsidies to be “public employees” and requires a union to be the providers’ exclusive representative for bargaining with (e.g., lobbying) the state over regulations and policies related to the state care-services programs. Plai ...

Associated Builders and Contractors-California Cooperation Committee v. Becerra

California law allows unions to shut down speech contrary to their policy preferences

California law requires contractors on public projects to pay employees the “prevailing wage” (generally equal to a union wage) through a combination of cash wages and other benefits, including making donations to “industry advancement” advocacy organizations. A new law allows only pro-union organizations to receive such don ...

Americans for Prosperity Foundation v. Becerra

California AG looks to create potential political enemies list

The California Attorney General – first Kamala Harris, now Xavier Becerra – demanded that Americans for Prosperity, a nonprofit 501(c)(3) organization of a politically conservative bent, submit an unredacted IRS Form 990 Schedule B that contains the names and addresses of all donors who give $5,000 or more in a year. The group refused because s ...

American Beverage Association v. City and County of San Francisco

San Francisco’s tactics in its war on soda violate the First Amendment

A San Francisco ordinance requires advertisements related to sugar-sweetened beverages to devote 20% of the space to city-specified speech: “WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay. This is a message from the City and County of San Francisco.” A coalition of beverage trade associ ...