Yim v. City of Seattle (II)
Seattle wages unconstitutional war on landlords
In a misguided effort to combat racial disparities in housing, the City of Seattle passed the “Fair Chance Housing Ordinance,” which forbids housing providers from considering applicants’ criminal histories, usually uncovered in a standard background check. PLF represents several small-scale housing providers who are denied their constitutionally guaranteed choice to decide who to allow on their private property. An artist by trade, Kelly Lyles earns a modest living as a small-scale landlord, renting out a second house she owns in Seattle. Kelly has enjoyed a mutually beneficial and respectful relationship with her tenants. But if they move out, new city laws give her little to no choice over the next occupants.
Art and Antique Dealers League of America v. Seggos
Antique dealers fight for right to display what they’re allowed to sell
Represented free of charge by PLF, both dealer organizations appealed the lower court’s ruling. In November 2024 the U.S. Second Circuit Court of Appeals overturned the trial court’s decision, recognizing that New York’s restriction on advertising lawful antiques and works of art violates the First Amendment rights of dealers.
The Clementine Co. v. Adams
New York City’s unequal COVID restrictions silence theaters
New York City actress and theater manager Catherine Russell began her starring role in Perfect Crime in 1987. Over that time, she missed only four days—to attend family weddings—a record-setting run of more than 12,000 performances that lasted until March 2020 when the pandemic was declared. At that point, Catherine implemented extensive COVID health and safety protocols, but small venues like Catherine’s were forced to shut down, even while the governor allowed other, similar businesses to reopen with varying capacity restrictions. When the governor finally relented and allowed theaters to open in April 2021, he limited theaters to 33% capacity, far less than the 50% allowed for other businesses and churches. Led by Catherine, a coalition of small theater and comedy club owners fought back to restore the rule of law and equal treatment.
Kissel v. Seagull
Fighting unconstitutional burdens on free speech in fundraising
Adam Kissel looked forward to lending his longtime experience in the liberty movement and higher education to help raise money for the nonprofit Jack Miller Center’s civic education program. But he soon discovered several states have overly burdensome registration and reporting requirements for paid solicitors. Connecticut, in particular, required Adam to tell the state in advance when he plans to talk to a potential donor and what exactly he’ll say, and report to the government the name of everyone who gives—even just a $1 gift. Going off script could lead to a $5,000 fine and one year in prison. Adam fought back, because the First Amendment prohibits the government from forcing him to disclose private speech between donors or strip donor privacy.
American Society of Journalists and Authors v. Bonta
California’s freelancer law destroys journalists’ freedom, autonomy
In an effort to regulate the employment status of independent contractors, California passed a law forcing companies in the state to reclassify most freelancers as employees. Under AB 5, freelance journalists and photographers must cap their submissions at 35 per year, per publisher. Anything greater, and they become employees, losing their professional freedom and autonomy. Or if journalists take a single video, they instantly lose the freedom to freelance. Other professions, like marketing and graphic design, face no such restrictions on freelancing. Such selective and unequal treatment among members of speaking professions violates the right to earn an honest living free from both irrational government interference and regulation based solely on the content of their speech.
Debbie Pulley v. Janice Izlar, President of the Georgia Board of Nursing
Georgia midwife sues to continue speaking truthfully about her profession
Debbie Pulley has been a Certified Professional Midwife in Georgia for 24 years, both working as a midwife and advocating for midwives. The state’s rules changed in 2015, allowing only licensed nurses to practice midwifery in Georgia. So Debbie turned her efforts to reforming Georgia’s laws and advocating for access to midwifery care. But in 2019, Debbie received a cease and desist letter, threatening her with a $500 fine any time she publicly identifies herself as a midwife. Even though she can’t practice in Georgia right now, Debbie is still a midwife by any normal definition and wants to be able to truthfully describe her qualifications on her website and in her advocacy work—just as doctors and lawyers do.
Kotler v. Webb
California’s next frontier as speech police: your license plate
Jon Kotler is a First Amendment professor at the University of Southern California (USC). He is also a huge fan of the London-based Fulham Football Club and a longtime season ticket holder. Wishing to celebrate the team’s recent success, Jon applied for a personalized license plate with the letters “COYW,” which stands for “Come on You Whites,” the team’s slogan based on their white jerseys. Despite the slogan’s popularity and longtime use, the California Department of Motor Vehicles (DMV) denied Jon’s request due to its subjective fear that the slogan is hostile, insulting, or racially degrading. That is absurd. Anyone who knows what “COYW” stands for knows its meaning is innocent. But whenever government officials are the speech police, they unavoidably make bad decisions: sometimes absurd, often unfair, and always biased. Jon is fighting back with a federal lawsuit. The DMV’s attempt to make itself the speech police led to unintended consequences. You can call Jon a sports fan or a First Amendment expert, but the DMV’s misguided efforts to regulate license plates have misbranded Jon as a racist.
Peter Stavrianoudakis, et al., v. United States Department of Fish & Wildlife and California Department of Fish & Wildlife
Falconry regulations run afoul of the Bill of Rights
Peter Stavrianoudakis is a longtime licensed falconer in California who just wants to do what people have been doing for thousands of years—raise and train falcons. But state and federal regulations have become so restrictive, he and fellow falconers around the country are left to choose between their falcons or their constitutional rights. Pacific Legal Foundation has filed a federal lawsuit on behalf of Peter and other falconers, as well as the American Falconry Conservancy, challenging the constitutionality of falconry regulations enforced by both the California and U.S. Fish and Wildlife Departments.
Wilkins v. United States
Government bait-and-switch tramples on property rights and peace of mind
Wil Wilkins and Jane Stanton live next to Montana’s Bitterroot National Forest. A road that crosses both of their properties is the result of a limited-use easement granted to the U.S. Forest Service by the properties’ previous owners in 1962. The general public is not supposed to use the road, but in 2006 the Forest Service began advertising the road as public. Since then, public use of the road has caused serious traffic hazards, road damage, fire threats, noise, trespassing, illegal hunting, and speeding, as well as a gunshot aimed at Wil’s cat. Because the Forest Service is essentially trying to gain a better easement than it paid for back in 1962, Wil and Jane are fighting back.