Seattle asks courts to clear the way for unlawful taxes Late last year, a King County, Washington, trial court ruled in Kunath v. City of Seattle (formerly Shock v. City of Seattle), that Seattle's attempt to levy an income tax on so called "high-earners" was plainly unlawful. In what the local press has called a ...
Last year, the Ninth Circuit rejected cell phone retailers' First Amendment claim challenging the City of Berkeley's ordinance requiring the retailers to display posters and other large documents warning against unsafe cell phone usage and including the city's advice about "how to use your phone safely." The retailers' trade association, CTIA, peti ...
After 40 years of garnishing worker paychecks under the authority of Abood v. Detroit Board of Education, today the Supreme Court held in Janus v. AFSCME that the coercion must end. In a 5-4 split, the Court today holds that the First Amendment prohibits states from giving public employee unions the special privilege of docking ...
The City of Oakland in California is forcing property owners to patronize and publicly display artworks. ...
Today begins SCOTUSblog's online symposium discussing the case that could free government workers nationwide from being coerced to support public employee unions. ...
First, has anyone run for office recently that you detest? Second, how would you feel if your government forced you to donate $100 to that candidate's campaign? Now you know how our clients feel about democracy vouchers. ...
Think on these three statements: A law forbids you from posting a sign that says, “Vote for Voldemort.” A law forces you to post a sign that says, “Vote for Voldemort.” A law forces you to pay for someone else’s sign that says, “Vote for Voldemort.” Should the First Amendment treat these laws differently? ...
The First Amendment doesn’t just protect your right to speak, it also protects your right not to speak. So imagine if your municipal government required you to devote 20% of your shirt to “Smith for City Council” or plaster 20% of your car with “remember to recycle” stickers. No matter how laudable (or sinister) the ...
The government shouldn’t be able to force you to say things you don’t want to say. When the State compels speech for no good reason, Americans may call on the First Amendment for help. First, call PLF. Three weeks ago, we filed a comment pointing out the First Amendment problems with the FDA’s menu labeling rule. This ...
The Affordable Care Act raises myriad constitutional problems. The Supreme Court has held that the commerce clause does not provide Congress with the power to enact the individual mandate. The Court also invalidated, under the spending clause, provisions that required states to expand medicaid coverage or lose all federal medicaid funds. But wha ...
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