The Slants win First Amendment challenge

The Slants, a rock band out of Portland, was told it could not trademark its band name because it was “disparaging.” The Trademark Trial and Appeal Board held that the name “The Slants” was derogatory towards Asians, and would not give trademark … Continue reading

Free speech prevails in Fourth Circuit do-over

After nearly four years of litigation, property owners’ First Amendment rights were finally vindicated by the U.S. Court of Appeals for the Fourth Circuit in Central Radio Company v. City of Norfolk.  The court ruled that the City of Norfolk unconstitutionally … Continue reading

Agency shop fees on the brink

Alexis De Tocqueville was deeply impressed by America’s use of voluntary associations to pursue undertakings both large and small, in every aspect of life.  Public employee unions may soon be included in that category of voluntary associations, as several justices … Continue reading

Ninth Circuit increases First Amendment protections for speech

Last week, a panel of the Ninth Circuit court strengthened protections for commercial speech (speech that proposes a commercial transaction between the speaker and the reader) in Retail Digital Network v. Appelsmith (RDN). RDN is a middleman in the advertising industry. It installs Liquid … Continue reading

I’m dreaming of a free speech Christmas

Want more proof that federal government deserves a lump of coal in its stocking this year? This summer, the FEC decided that it needs to “protect” voters by cracking down on Facebook Fan Pages with names like Run Bernie Run … Continue reading

States can’t license free speech by calling it “conduct”

On Tuesday I’ll be arguing our case in Young v. Ricketts in front of the Eighth Circuit Court of Appeals.  Our client, Leslie Young, is an internet-entrepreneur based in California, and she provides advertising services for people who want to … Continue reading

Written comments submitted to New Jersey Assembly committee opposing new music therapist license

Here at PLF we see a lot of crazy government regulations. New Jersey is home to the latest sighting. Today, the New Jersey Assembly is considering creating an occupational license for music therapists. If you’ll recall, I recently blogged about the … Continue reading

President’s weekly report — December 4, 2015

Freedom of contract in California at the Supreme Court Competent adults should have the right to enter into contracts with the terms they choose.  And once they enter into such contracts, they should be bound to those terms — even … Continue reading

President’s weekly report — November 13, 2015

Obamacare case dismissed and the administration continues to evade the law A district court dismissed West Virginia v. Department of Health and Human Services, that state’s challenge to the provisions in Obamacare that forced states to choose between enforcing Obamacare’s … Continue reading