Supreme Court won’t consider exclusive representation laws . . . for now

The Supreme Court often prefers that issues “percolate” in the lower courts for some time so that Circuit court and state supreme court judges have an opportunity to address all facets and implications of the arguments prior to high court … 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

Weekly litigation report — October 7, 2016

Government shouldn’t abridge the freedom of speech with regulatory harassment We filed this petition for writ of certiorari asking the Supreme Court to take up the case of Bennie v. Munn. Bob Bennie, a well-regarded financial consultant and leader of … 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

Supreme Court orders three U.S. Courts of Appeals to reconsider cases upholding restrictions on speech

On Monday, the Supreme Court ordered three federal appellate courts to reconsider their decisions upholding sign restrictions in light of its recent decision in Reed v. Town of Gilbert. The Court emphasized in Reed that government regulation of speech is … Continue reading

Supreme Court to review public employee unions’ ability to garnish wages

The California Teachers Association—one of the most politically powerful groups in the state—may have to start funding its political campaigns with the money of only those teachers who actually support its goals.  Unlike other groups that seek donations from like-minded … Continue reading

Supreme Court victory for free speech: Reed v. Town of Gilbert

The Supreme Court today unanimously reversed the Ninth Circuit in Reed v. Town of Gilbert, holding that the town’s Sign Code contained content-based regulations of speech that do not survive strict scrutiny. The Sign Code categorizes temporary signs and then … Continue reading