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Tag: freedom of speech

July 21, 2018

Weekly litigation report — July 21, 2018

Total victory in the Starry Night House mural case This week the City of Mount Dora settled with PLF plaintiffs Nancy Nemhauser and Lubomir Jastrzebski in a one-sided agreement that saves the family's Van Gogh-inspired mural. The city agreed to drop its enforcement action and all fines, leaving the family free to complete the mural ...

July 10, 2018

Christmas in July

PLF is now Santa's legal counsel. Santa probably fends off a barrage of bogus lawsuits; implied warranty claims from kids disappointed in their toys, property owners filing fraudulent claims over roof damage, Scrooges claiming noise pollution from too much jolly laughter and tinkling bells in the night. This time, though, Santa is the one suing. ...

June 27, 2018

First Amendment wins! Unions cannot steal non-members’ wages

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 ...

October 12, 2017

Can government force you to pay for someone else’s expression?

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? ...

February 27, 2017

Supreme Court won’t consider exclusive representation laws . . . for now

The Supreme Court often prefers that issues "percolate" in the lower courts for some time so that Circuit court and state supreme court judges have an opportunity to address all facets and implications of the arguments prior to high court review. It ensures that the arguments and theories in cases granted by the Supreme Court ...

January 06, 2017

Exclusive representation violates the First Amendment

New York laws and regulations deem family daycare providers (individuals who operate daycare businesses in their homes) to be "public employees" and requires a union to be the daycare providers' exclusive representative for bargaining with (e.g., lobbying) the state over daycare regulations and policies. The workers who are "deemed" public employee ...

October 08, 2016

Weekly litigation report — October 7, 2016

Government shouldn’t abridge the freedom of speech with regulatory harassment We filed this petition for writ of certiorari asking the Supreme Court to take up the case of Bennie v. Munn. Bob Bennie, a well-regarded financial consultant and leader of a local tea party in Nebraska, made some uncomplimentary remarks about President Obama. Becau ...

May 04, 2016

PLF a target in the Virgin Islands subpoena imbroglio

We learned for the first time yesterday that Pacific Legal Foundation is one of the subjects of the Virgin Islands Attorney General's “global warming” subpoena to Exxon/Mobil. This exposes the subpoena to be a politically motivated fishing expedition of the first order. We are lawyers defending the individual liberties and economic righ ...

January 31, 2016

Free speech prevails in Fourth Circuit do-over

After nearly four years of litigation, property owners’ First Amendment rights were finally vindicated by the U.S. Court of Appeals for the Fourth Circuit in Central Radio Company v. City of Norfolk.  The court ruled that the City of Norfolk unconstitutionally prohibited the plaintiffs (who were protesting the government's taking of their p ...

July 01, 2015

Supreme Court orders three U.S. Courts of Appeals to reconsider cases upholding restrictions on speech

On Monday, the Supreme Court ordered three federal appellate courts to reconsider their decisions upholding sign restrictions in light of its recent decision in Reed v. Town of Gilbert. The Court emphasized in Reed that government regulation of speech is content-based (and thus presumptively unconstitutional) if the law explicitly "draws distinctio ...