Articles

Ninth Circuit won’t rehear forced disclosure case

March 29, 2019 | By JEREMY TALCOTT

This morning the Ninth Circuit denied Americans for Prosperity Foundation’s petition for rehearing en banc in AFPF v. Becerra. For those who don’t remember, the Foundation sued over a California law that requires tax-exempt nonprofit organizations to hand over an IRS form that contains names and addresses of their donors. The trial cour ...

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Weekly litigation report — January 19, 2019

January 19, 2019 | By JAMES BURLING

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 … ...

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Weekly litigation report — January 5, 2019

January 05, 2019 | By JAMES BURLING

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 ...

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Weekly litigation report — December 22, 2018

December 22, 2018 | By JAMES BURLING

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 “navig ...

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

December 21, 2018 | By ANASTASIA BODEN

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- ...

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

December 15, 2018 | By JAMES BURLING

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 vo ...

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The constitutional right to speak for yourself

December 12, 2018 | By DEBORAH LA FETRA

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 ...

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Even lawyers are entitled to First Amendment protection

December 03, 2018 | By DEBORAH LA FETRA

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 ...

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Weekly litigation report — October 20, 2018

October 19, 2018 | By JAMES BURLING

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 ...