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Associated Builders and Contractors-California Cooperation Committee v. Becerra Documents 8-25-17

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Case Attorneys

Anastasia P. Boden

Attorney

Anastasia Boden is an attorney in PLF’s Economic Liberty Project, where she challenges anti-competitive licensing laws and laws that restrict freedom of speech. Anastasia’s practice largely consists of representing entrepreneurs … ›

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Damien M. Schiff

Senior Attorney

Currently a Senior Attorney at Pacific Legal Foundation, Damien joined PLF in 2005.  His practice has focused on federal and state environmental and land-use issues.  Damien was counsel of record … ›

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Oliver J. Dunford

Attorney

Oliver Dunford joined PLF’s office in Sacramento in March 2017. He litigates across the country to defend and advance individual liberty and the rule of law. Oliver’s cases involve the … ›

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Case Commentary

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By Anastasia P. Boden

California argues it can silence speech so long as it's super secretive about it

When the government engages in shady, unconstitutional behavior, it’s usually not forthcoming about it  As courts have observed, “the government rarely flatly admits,” for example, that “it is engaging in viewpoint discrimination”  Instead, it cloaks its discriminatory policies in “neutral” language, and asserts that it’s really trying to achieve some valid, non-discriminatory purpose  But that shouldn’t be good enough to avoid a constitutional lawsuit At least, that’s what we’re arguing in the Ninth Circuit in our case on behalf of non-profit advocacy organization ABC-CCC

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PLF fights politicians’ rigged scheme that gives unions a veto over First Amendment free speech rights

Thanks to you, Pacific Legal Foundation is able to fight for core constitutional rights — including First Amendment free speech protections — in courtrooms from coast to coast

Right now, California is ground zero for one of the most important battles that PLF is waging on behalf of First Amendment freedom — the cherished liberty of all Americans to speak their minds and engage in free and open debate without fear of censorship or punishment by government officials pushing self-serving agendas or carrying water for powerful special interests

The target of our fight: a ploy by the California Legislature and Gov Jerry Brown that tramples on the First Amendment to serve

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By Anastasia P. Boden

The First Amendment protects speech that contradicts unions' policy preferences

This week PLF filed its opening brief in the Ninth Circuit in Associated Builders and Contractors-California Cooperation Committee v Becerra, which challenges a California law that threatens to cut funding to speech contrary to unions’ policy preferences

The lawsuit targets SB 954, which changed the way employers can distribute money under California’s prevailing wage law  That law requires contractors on public projects of over $1000 to pay employees the “prevailing wage,” a pre-determined rate set by the Department of Industrial Relations (DIR)  Contractors can satisfy that requirement by paying employees a combination of wages and benefits, including by donating money

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