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Tag: strict scrutiny

August 18, 2017

PLF urges Supreme Court to review constitutionality of the Indian Child Welfare Act

PLF filed this friend of the court brief at the Supreme Court today, urging the Court to take Goldwater Institute‘s challenge to the Indian Child Welfare Act. In their petition, two Indian children are asking the Supremes to review an Arizona Court of Appeals decision that applied the Indian Child Welfare Act, or ICWA, to their private ...

August 02, 2016

DC Circuit stops another unconstitutional FEC action

Today, the DC Circuit put the brakes on yet another unconstitutional regulation from a federal government agency—this time the Federal Election Commission (FEC).  Last year, the FEC banned Super PACs from using the name of the candidate it supports in a website domain name or the title of a social media page.  Pursuing America's Greatness, ...

May 24, 2016

"Docs v. Glocks" case not about guns but speech, PLF says

Last month, PLF filed a brief in Wollschlaeger v. Governor of the State of Florida. The case, also known as “Docs v. Glocks,” will be argued in June at the Eleventh Circuit Court of Appeals. Recently, I was interviewed for an article in the Florida Record about PLF’s brief and the issue in the case. If ...

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 ...

June 18, 2015

Supreme Court victory for free speech: Reed v. Town of Gilbert

The Supreme Court today unanimously reversed the Ninth Circuit in Reed v. Town of Gilbert, holding that the town's Sign Code contained content-based regulations of speech that do not survive strict scrutiny. The Sign Code categorizes temporary signs and then restricts their size, duration, location, and other characteristics depending on the catego ...

March 27, 2015

President's weekly report — March 27, 2015

Eminent domain — New Jersey Supreme Court abandons precedent In this 3-2 decision, the New Jersey Supreme Court upheld the use of eminent domain in 62-64 Main Street v. Mayor and City Council of the City of Hackensack.  The question here is how much blight is just pretext and how much is really enough to justify condemning ...

August 05, 2014

PLF continues to support Abigail Fisher

Yesterday PLF filed this brief amicus curiae in support of Abigail Fisher.  PLF was joined on the brief by our friends from Center for Equal Opportunity, Project 21, Reason Foundation, and Individual Rights Foundation.  Ms. Fisher continues to fight for her right to be treated equally under the law.  As you recall, last year the Supreme Court ...

April 09, 2013

Race-based contracting is unconstitutional

So argues this op-ed that I co-authored with Roger Clegg published in the Washington Times this morning.  Here’s a snippet: Remedial discrimination makes less and less sense with every tick of the clock, as the days when black companies were not allowed to compete fade into the past, and as America becomes increasingly multiethnic and multi ...

December 08, 2010

Are Hawaiians an Indian tribe?

Author: Joshua Thompson Our friends over at the Center for Equal Opportunity have shed some light on some shady tactics by our lame-duck congress.  It seems that the outgoing members might try to push through the "Akaka Bill."  That Bill attempts to get native Hawaiians classified as Indian tribes so that preferences granted b ...