First Amendment success in California (and it didn’t even require a lawsuit)

All too often, cities fail to respect the First Amendment and pass unconstitutional laws that restrict people’s ability to advertise with signs. For recent examples, see here and here. But occasionally, cities can do the right thing. I’m happy to report that this … Continue reading

Federal supremacy protects miners’ rights

PLF and Western Mining Alliance have filed an amicus brief in the Ninth Circuit case Bohmker v. Oregon. In the brief, we argue that federal mining policy preempts Oregon’s ban on a federally-approved and encouraged mining practice. Part of having … Continue reading

Oral argument in “Docs v. Glocks” case

Last month, an en banc Eleventh Circuit heard oral arguments in Wollschlaeger v. Governor of the State of Florida (popularly known as Docs v. Glocks). The case concerns whether a Florida law that prohibits doctors from asking their patients questions about … Continue reading

Weekly litigation report — July 9, 2016

The big news around PLF this week was, of course, the announcement of our next President and CEO Steven Anderson. We are all very excited to work with him in the near future. In the meantime, PLF attorneys have had another busy … Continue reading

Nashville’s unconstitutional efforts to limit short-term rentals

With the rise of websites like Airbnb and VRBO, short-term rentals dramatically increase the opportunities for property-owners to supplement their income and retain flexibility with their homes. Unfortunately, last year, Nashville passed two ordinances that unconstitutionally regulate and restrict the ability … Continue reading

States can’t evade the First Amendment by labeling speech “professional conduct”

Today we filed this brief asking a full panel of the Eighth Circuit Court of Appeals to rehear our case on behalf of Leslie Young. Leslie Young is an advertising broker.  She started her business—eList.me—to help people who want to … Continue reading

Recent threats to the First Amendment and short-term rentals

It should come as no surprise that governments struggle to regulate the disruptive nature of the “sharing economy.” Lately, this struggle has resulted in increasingly burdensome regulations on property owners renting their property short-term, and on the websites like Airbnb … Continue reading

Weekly litigation report — June 24, 2015

Equality under the law project — loss at the Supreme Court San Francisco still trying to use landlords as ATMs California Department of Forestry malfeasance California Supreme Court allows questionable tort claim to move forward Equality under the law project … Continue reading

Court strikes down federal fracking regulations

Over on the Federalist Society’s FEDSOC BLOG, I have a post discussing a recent decision from a federal court that federal bureaucrats overstepped their authority when they adopted fracking regulations. In 2005, Congress exempted fracking from regulation under the Safe … Continue reading