Articles

Weekly litigation report — July 21, 2018

July 21, 2018 | By JAMES BURLING

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 … ...

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Christmas in July

July 10, 2018 | By ETHAN BLEVINS

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 sui ...

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

June 27, 2018 | By DEBORAH LA FETRA

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 … ...

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

October 12, 2017 | By ETHAN BLEVINS

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? ...

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

February 27, 2017 | By DEBORAH LA FETRA

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 … ...

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Exclusive representation violates the First Amendment

January 06, 2017 | By DEBORAH LA FETRA

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 “ ...

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Weekly litigation report — October 7, 2016

October 08, 2016 | By JAMES BURLING

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 ...

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PLF a target in the Virgin Islands subpoena imbroglio

May 04, 2016 | By JAMES BURLING

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 economi ...

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Free speech prevails in Fourth Circuit do-over

January 31, 2016 | By SHAUNEEN WERLINGER

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 t ...