Weekly litigation update — February 25, 2017

Commonsense  result in New York In Oddo v. Queens Village Committee for Mental Health for Jamaica Community Adolescent Program, New York’s highest appellate court ruled here that a half-way house for drug addicts is not liable when a former resident, who … 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

Weekly litigation report — January 21, 2017

“Cap and Trade” argument set for Tuesday Supreme Court turns down free speech case The public trust doctrine in Washington State Sea urchin filing School choice victories in Florida! School choice brief filed in Georgia Reply brief in Jaguar case … 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

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

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