Blog

Filter By:
Sort By:

Tag: commercial speech

December 21, 2018

There’s no evidence that truthful happy hour advertising sends Virginians into a binge fest

We've finally made it to the merits in our happy hour advertising lawsuit against Virginia's absurd censorship regime. It's been a struggle. As I detailed in the Washington Post, the Virginia Alcoholic Beverage Control Authority (ABC) and the state Attorney General's office have barraged our plaintiffs with onerous and time-consuming discovery requ ...

August 17, 2018

Lead paint, public nuisance, and the First Amendment

Prior to 1951, lead paint was lawfully sold and used in the interior of houses. This presented no problem at the time, but, as it ages and deteriorates, and as little children gnaw on windowsills and such while teething, it can become a source of lead poisoning. For this reason, the use of lead paint ...

March 28, 2018

Don’t tread on happy hour

Today we filed this First Amendment lawsuit arguing that the government can’t censor truthful, non-misleading speech—even if it has to do with :: gasp:: alcohol. In Virginia, it’s perfectly legal to have happy hour, it’s just not legal to talk about it.  The state severely restricts the way restaurants can advertise their ...

March 17, 2018

Weekly litigation report — March 17, 2018

Washington limits the reach of the public trust doctrine. Congress gets an earful on the problems with the federal permitting process Amicus Brief Filed in Challenge to San Francisco's Discriminatory Sign Ban Santa Barbara inspection case headed to a hearing Washington limits the reach of the public trust doctrine. Yesterday, the Washington Supreme ...

December 20, 2017

Can government regulate your subconscious?

If government can strip you of choice just because unconscious bias might influence that choice, its power would have no bounds. But that is precisely what Seattle is doing to its landlords. ...

October 12, 2017

Public comment reopened for federal wine labeling regulations

Over a year ago, I wrote about a pending federal Alcohol and Tobacco Tax and Trade Bureau (TTB) regulation that would remove certain common-sense labeling exceptions for wines sold within a single state. As I explained then, under the proposed rule, if a winemaker chooses to label their wine using an "appellation of origin" from a ...

February 18, 2017

Weekly litigation report — February 18, 2017

Absent Gopher Frog headed to Supreme Court The Fifth Circuit in an 8 to 6 decision declined to rehear the case of the frog that isn’t there, Markle Investments v. United States Fish & Wildlife Service. The problem in this case is that the Fish & Wildlife Service insists in designating large swaths of property ...

December 13, 2016

Can the government decline to register disparaging trademarks?

Simon Tam is the frontman of the popular Portland, Oregon, band called The Slants. A few years ago Mr. Tam sought to register The Slants as a trademark with the United States Patent and Trademark Office. While the term has traditionally been used as a derogatory slur for persons of Asian descent, Mr. Tam (an ...

September 17, 2016

Weekly litigation update — September 17, 2016

First Amendment challenge to ban on automobile “For Sale” signs EEOC gets a haircut Petition for rehearing denied in Florida takings case Amicus brief filed in support of right to earn a living First Amendment challenge to ban on automobile “For Sale” signs We filed this complaint in Cefali v. San Juan Capistrano, challengin ...

August 20, 2016

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

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 ...

Donate