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

The Slants in the Supreme Court

As we noted earlier this year, The Slants–an Oregon rock band comprised of frontman, Simon Tam, and other Asian-American band members–was denied a trademark on the band name because the United States Patent and Trademark Office decided the name was … Continue reading

Docs v. Glocks on en banc review at the Eleventh Circuit

Yesterday, Florida’s Treasure Coast Newspapers published my opinion column on the heavily debated “Docs vs. Glocks” case. Pacific Legal Foundation‘s Caleb Trotter and Deborah J. La Fetra recently filed an amicus brief in support of physicians’ First Amendment right to free speech … Continue reading

Court rules that you need a real estate broker license to advertise for sale by owner homes

Leslie Young started her business—eList.me—to help people who want to sell their homes without the use of a real estate broker, or “for sale by owner” (FSBO).  The way her business works is she enters information about FSBO homes into … Continue reading

“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 … Continue reading

Do doctors give up their First Amendment rights when they speak with patients?

The answer to that question should be “no.” Unfortunately, something called the “professional speech doctrine” practically makes the answer, “yes.” That’s why today, as part of our ongoing effort to support free speech, PLF filed a brief in Wollschlaeger v. … Continue reading

Zeal of climate change activists collides with the First Amendment

Several state attorneys general have announced their intention to begin investigations of ExxonMobil.  They contend that the energy company may have violated state unfair business practice laws during the 1980s and 1990s by trying to mislead the public about the … Continue reading

President’s weekly report — April 1, 2016

Supreme Court member apologizes  Justice Ruth Bader Ginsburg today issued an apology today on behalf of all Justices, living and dead, who ever espoused the notion of a “living constitution.” Saying that she was visited by the ghost of her … Continue reading

Teachers’ constitutional rights: out with a whimper

I wrote about today’s Supreme Court affirmance-by-tie-vote in Friedrichs v. California Teachers Association for Forbes.com.  The bottom line is that today’s decision is a profound disappointment to non-union public employees who were this close to prevailing over the unions’ ability … Continue reading