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Tag: first amendment

January 19, 2019

Weekly litigation report — January 19, 2019

Oral argument held again in Knick at the Supreme Court On January 16, the Supreme Court heard reargument in Knick v. Scott Township, the case where Rose Knick sued her town after it declared the public could trespass on her property in order to search for some old stones, claimed to be colonial-era graves. Knick ...

January 05, 2019

Weekly litigation report — January 5, 2019

PLF files opposition to summary judgment in suit to protect happy hour speech Since PLF client Geoff Tracy filed his lawsuit to strike down Virginia's ban on Happy Hour advertising, the state of Virginia has attempted every trick in the book to defend its silly ban on "Thirsty Thursdays." Most recently, Virginia's motion for summary ...

December 22, 2018

Weekly litigation report — December 22, 2018

PLF asks Supreme Court to hear Alaska permafrost case This week, PLF filed a petition asking the United States Supreme Court to review Tin Cup, LLC v. U.S. Army Corps of Engineers, a case that asks whether the federal government can control land uses on buried frozen permafrost just because the government claims such permafrost is a "navigable ...

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 ...

December 15, 2018

Weekly litigation report — Property rights, school choice, free speech, and more

Public land stewards reiterate that the president can reduce the size of national monuments Briefing is now complete on the motion to dismiss Utah Diné Bikéyah v. Trump, a case that challenges the president's ability to reduce the size of national monuments. PLF represents individuals and non-profit organizations that recreate, work, and voluntee ...

December 12, 2018

The constitutional right to speak for yourself

Public employees are a diverse group. Just as they don't all look alike, neither do they think alike. Under union-backed "exclusive representation" laws, however, they must speak with a single voice: the union's voice. In Massachusetts, four educators employed by the University of Massachusetts are challenging the state law that gives a union the s ...

December 03, 2018

Even lawyers are entitled to First Amendment protection

In Fleck v. Wetch, North Dakota lawyer Arnold Fleck seeks to be free from his forced association with the State Bar Association of North Dakota. After considering his petition for writ of certiorari at eight consecutive conferences, the Supreme Court today granted the petition, vacated the decision below, and remanded for reconsideration in light o ...

October 19, 2018

Weekly litigation report — October 20, 2018

PLF to National Park Service: Keep the National Mall Open to All Kinds of Speech The National Mall and Memorial Parks are "the premier national civic space for public gatherings including First Amendment activities, national celebrations … and national mourning." In these venues, "the constitutional rights of speech and peaceful assembly find the ...

October 16, 2018

When speech is a nuisance

Yesterday, the Supreme Court denied certiorari in Conagra v. State of California, a California state court decision holding that that three companies that lawfully sold lead paint are liable for creating a public nuisance and must therefore pay hundreds of millions of dollars into an "abatement" fund to investigate residential lead paint in the sta ...

October 06, 2018

Weekly litigation update — October 6, 2018

A shy frog becomes the center of attention at the Supreme Court This week the Supreme Court of the United States heard oral argument in our Endangered Species Act case known as Weyerhaeuser Company v. United States Fish & Wildlife Service. The Court accepted the case to consider two questions. First, whether the federal government ...