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

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

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

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