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

Sacramento city councilman reminded that the Constitution protects freedom of association

There was a small dust-up in the Sacramento press this week. It seems that Sacramento City Councilman Jay Schenirer has grown weary of a watchdog organization (Eye on Sacramento) that routinely challenges proposed ordinances and policies, and generally serves as … Continue reading

Friends of the First Amendment file friend-of-the-court briefs

Financial regulators targeted Bob Bennie after he made unsavory comments about President Obama. Although Bennie spoke as a tea party activist, the regulators pressured Bennie’s employer to levy financial sanctions on him for sharing his political views. In a Supreme Court petition, PLF explained … Continue reading

Victory for Nashville property owners and guests

In an important victory for economic liberty and property rights, today, a judge in Nashville, Tennessee agreed that the Nashville Metro Council’s regulations of short-term rentals are unconstitutional. Among other things, the ordinance banned any form of advertising short-term rentals with … Continue reading

Weekly litigation report — October 14, 2016

Victory in free speech case The City of San Juan Capistrano agreed this week to stop enforcing it’s ban on putting “for sale” signs in car windows in Cefali v. San Juan Capistrano. Because any other sort of sign is … Continue reading

Supreme Court to hear The Slants’ case

This morning, the United States Supreme Court issued the first orders from its September 26th long conference. Among the cases the Court agreed to hear is Michelle K. Lee v. Simon S. Tam. We have previously discussed Mr. Tam’s case … Continue reading

When may a Napa wine be labeled as a Napa wine?

The federal Alcohol and Tobacco Tax and Trade Bureau (TTB) regulates the labeling of wines sold in interstate commerce. If a winemaker wants to label their wine using an “appellation of origin” from a recognized viticultural area like Napa, then the … Continue reading

A legislative victory in Nashville Airbnb case

Last month, PLF filed an amicus brief supporting the Anderson family and their right to advertise and rent out their Nashville home via Airbnb. One of the issues addressed in the brief is Nashville’s ban on signs that advertise a … Continue reading

Walton County couple speaks up for property owners’ First Amendment rights

Last week, the Destin Log published my opinion article about Edward and Delanie Goodwin’s challenge to a Walton County, Florida, ordinance that bans signs on the Goodwins’ private property. PLF is representing the Goodwins in a First Amendment lawsuit. As I … Continue reading