Articles

Oral argument in "Docs v. Glocks" case

July 21, 2016 | By CALEB TROTTER

Last month, an en banc Eleventh Circuit heard oral arguments in Wollschlaeger v. Governor of the State of Florida (popularly known as Docs v. Glocks). The case concerns whether a Florida law that prohibits doctors from asking their patients questions about gun possession unless the question is directly relevant to the patient’s care violates ...

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First Amendment success in California (and it didn't even require a lawsuit)

July 22, 2016 | By CALEB TROTTER

All too often, cities fail to respect the First Amendment and pass unconstitutional laws that restrict people’s ability to advertise with signs. For recent examples, see here and here. But occasionally, cities can do the right thing. I’m happy to report that this week, Roseville, California did the right thing and enacted an ordinanc ...

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Dentist's legal battle with Ohio will continue

August 10, 2016 | By CALEB TROTTER

Advertising one’s area of expertise is usually desirable for both the professional and the public. But if you’re a dentist in Ohio, regardless of whether you are completely qualified in a specialty area of dentistry, you might not be allowed to advertise yourself as a specialist in that area. Fortunately, last week, the Sixth Circuit & ...

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A legislative victory in Nashville Airbnb case

August 18, 2016 | By CALEB TROTTER

Last month, PLF filed an amicus brief supporting the Anderson family and their right to advertise and rent out their Nashville home via Airbnb. One of the issues addressed in the brief is Nashville’s ban on signs that advertise a home’s availability as a short-term rental. The Andersons wanted to place a small, temporary sign … ...

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When may a Napa wine be labeled as a Napa wine?

August 20, 2016 | By CALEB TROTTER

The federal Alcohol and Tobacco Tax and Trade Bureau (TTB) regulates the labeling of wines sold in interstate commerce. If a winemaker wants to label their wine using an “appellation of origin” from a recognized viticultural area like Napa, then the wine must meet certain requirements. These requirements include: 85 percent of the grap ...

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Supreme Court to hear The Slants' case

September 29, 2016 | By CALEB TROTTER

This morning, the United States Supreme Court issued the first orders from its September 26th long conference. Among the cases the Court agreed to hear is Michelle K. Lee v. Simon S. Tam. We have previously discussed Mr. Tam’s case here and here. Briefly, Mr. Tam is the frontman of the rock band, The Slants. … ...

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Victory for Nashville property owners and guests

October 21, 2016 | By CALEB TROTTER

In an important victory for economic liberty and property rights, today, a judge in Nashville, Tennessee agreed that the Nashville Metro Council’s regulations of short-term rentals are unconstitutional. Among other things, the ordinance banned any form of advertising short-term rentals with signage on the property, and capped the number of n ...

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Sacramento city councilman reminded that the Constitution protects freedom of association

November 19, 2016 | By CALEB TROTTER

There was a small dust-up in the Sacramento press this week. It seems that Sacramento City Councilman Jay Schenirer has grown weary of a watchdog organization (Eye on Sacramento) that routinely challenges proposed ordinances and policies, and generally serves as a vocal check on city government. Councilman Schenirer requested the group provide him ...

Articles

PLF challenges Oklahoma law that stifles American Indian artist's speech and right to earn a living

November 22, 2016 | By CALEB TROTTER

Peggy Fontenot is an award-winning American Indian photographer and artist, specializing in hand-made beaded jewelry and cultural items. For more than 30 years, Ms. Fontenot has traveled the country to show and sell her American Indian art. Because of Oklahoma’s deep connections with American Indian history and culture, Ms. Fontenot has regul ...