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

Exclusive representation violates the First Amendment

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 … Continue reading

Oklahoma officials agree to stay enforcement of unconstitutional American Indian art law

There’s some great news out of Oklahoma to announce. Oklahoma officials have agreed to (and the Court has signed off on) a stipulation to stay enforcement of Oklahoma’s American Indian Arts and Crafts Sales Act while PLF’s challenge to the law … Continue reading

Weekly litigation report — December 17, 2016

PLF opposes slanted view of the First Amendment PLF opposes First Amendment retaliation EPA licensing scheme gone wrong Beach case review dismissed WOTUS update PLF opposes slanted view of the First Amendment PLF filed this amicus brief with the Supreme … Continue reading

Chicago Tribune publishes PLF op-ed on the newest misguided licensing scheme

Occupational licensing has run amok.  Nearly a third of Americans need government permission in the form of a “license,” just to lawfully do their job.  These laws contribute to what Timothy Sandefur has called a “Permission Society,” and they make … Continue reading

Can the government decline to register disparaging trademarks?

Simon Tam is the frontman of the popular Portland, Oregon, band called The Slants. A few years ago Mr. Tam sought to register The Slants as a trademark with the United States Patent and Trademark Office. While the term has … Continue reading

PLF argues in Oregon Supreme Court that laws should benefit the public, not cronies

Though occupational licensing laws are often justified in terms of health or safety, studies show that licensing regimes are more often bare attempts by entrenched business interests to protect their market share.  The result of such crony laws is that … Continue reading

Weekly litigation report — December 2, 2016

Right to say you are who you are We filed this complaint on behalf of Peggy Fontenot against the State of Oklahoma. The rub of Fontenot v. Pruitt is that Peggy Fontenot, who is a member of the Patawomeck Indian … Continue reading

PLF challenges Oklahoma law that stifles American Indian artist’s speech and right to earn a living

Peggy Fontenot is an award-winning American Indian photographer and artist, specializing in hand-made beaded jewelry and cultural items. For more than 30 years, Ms. Fontenot has traveled the country to show and sell her American Indian art. Because of Oklahoma’s … Continue reading