K.J. v. Minnesota State High School League

School athletics can’t turn kids away based on their sex

Kaiden Johnson loves competitive dance, and he is a valued member of the varsity dance team at Superior High School in Superior, Wisconsin. But the team primarily competes against high schools across the river in Duluth, Minnesota—and the Minnesota State High School League has a “girls only” policy for dance teams.

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 taken from the city’s property owners via a dedicated levy. The lawsuit argues that these compelled subsidies violate the First Amendment right to refrain from speaking – or funding the speech of another person.

The 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First Amendment challenge by Bay Area book seller Bill Petrocelli and his renowned store, Book Passage, California has rescinded the state’s onerous “certificate of authenticity” requirement for the sale of autographed books.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 signed books or host author events.

Bay Area bookstore owner Bill Petrocelli is among hundreds of small business owners threatened by California’s newly expanded autograph law. Sellers of any autographed goods – including books – worth more than $5 must now provide a Certificate of Authenticity, details of each sale, personal information about buyers and previous owners, and store records for seven years. These new outrageous regulations deter, if not effectively ban, author events at bookstores like Bill’s and the free exchange of ideas.

Minerva Dairy v. Brancel

Wisconsin flunks constitutional law with artisanal butter grading

Minerva Dairy, and its President, Adam Mueller, are challenging a Wisconsin law that prevents butter makers from outside the state from selling their products in Wisconsin unless they go through an arduous and costly process of getting their butter “graded.” Grading has nothing to do with quality or safety; it is graded by taste, as determined by government bureaucrats. Only Wisconsin has this type of law; neither the federal government nor any other state requires grading. Because Minerva Dairy makes artisanal butter that has its own unique taste, it does not want to submit to Wisconsin grading. Representing Minerva, PLF filed a lawsuit challenging the law as an unconstitutional violation of the Commerce Clause, Due Process, and Equal Protection.

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, politically-connected tribes convinced the state legislature to restrict the definition of “Indian tribe” to include only those tribes recognized by the federal government. The restriction was ostensibly to prevent the marketing and sale of art fraudulently described as “American Indian-made.” However, as a result of this law, Ms. Fontenot – a legitimate member of a state-recognized tribe – may no longer truthfully describe her art as “American Indian-made” in the state of Oklahoma.

Krause v. School Board of Indian River County, Florida

Florida student teaches school a lesson about free speech

In May of his junior year at Vero Beach High School, J.P. Krause was on the verge of winning the senior class president election when he gave an impromptu campaign speech in his AP U.S. History class, with his teacher’s permission. The 90-second humorous speech skewered some of the tropes of the Trump campaign – “my opponent will raise taxes!” – and contained other satirical remarks. Krause won the election, but then his principal disqualified him from taking office because his speech allegedly “humiliated” the second-place finisher, in violation of the district’s anti-harassment policy. When PLF, representing J.P. and his mother, informed the school district by letter that its actions violated the First Amendment, the district quickly reversed course and reinstated J.P. as senior class president.