Can a city threaten to remove police protection from you for voting to repeal a tax?

Police protection and other city services in California are funded in part by property taxes. But in a state where public employee salaries and pensions are hard to keep up with, some cities can’t live within the means which property … Continue reading

Country-of-origin-labeling bill fails in South Dakota Senate

On Friday, the South Dakota Senate rejected SB 135, a country-of-origin-labeling bill that raised significant First Amendment concerns. The bill would have compelled South Dakota grocers to disclose the country-of-origin of beef sold in stores across the state. Labeling requirements of this sort come with … Continue reading

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 … Continue reading

California can’t stifle open-shop speech just because it doesn’t like the content

Today we filed our notice of appeal to the Ninth Circuit on behalf of Associated Builders & Contractors of California Cooperation Committee (ABC-CCC).  ABC-CCC is an organization that advocates on behalf of the “open-shop” industry—that is, on behalf of entities … Continue reading

Weekly litigation report — February 18, 2017

Absent Gopher Frog headed to Supreme Court The Fifth Circuit in an 8 to 6 decision declined to rehear the case of the frog that isn’t there, Markle Investments v. United States Fish & Wildlife Service. The problem in this … Continue reading

Major First Amendment victory in Docs v. Glocks case

Yesterday, the 11th Circuit issued its en banc opinions in Wollschlaeger v. Gov. of the State of Florida, AKA the “Docs v. Glocks” case. As previously discussed here, here, and here, the case concerns whether Florida can prohibit doctors from asking … Continue reading

Telling the truth is not a tort

Embedded in American mythology is the legend of young George Washington chopping down a cherry tree, and, when confronted by his father, confessing “I cannot tell a lie.” Since our earliest days, American law has placed high value on the … Continue reading

Weekly litigation report — January 7, 2016

Supreme Court watch We are waiting for word from the Supreme Court on three of our cases where we are directly representing the petitioners. The Court held its conference on Bennie v. Munn, (retaliation for speaking out for Tea Party) Foster v. Vilsack, (phony … Continue reading