Last June, we wrote about a Kansas woman, Mary Anne Sause, who had police come to her house to investigate a noise complaint. During the officers’ investigation, she knelt down to pray, at which point the officers ordered her to stop praying and stand up. She sued them, arguing that the officers violated her First Amendment… Read More Kansas Woman Ordered by Police to Stop Praying Will Get Her Day in Court
Today, the Supreme Court decided a case called Janus, which involves whether public-sector unions (for employees such as teachers, police, firefighters, etc.) can require non-union employees to pay so-called “fair-share” fees to the union when the employees disagree with the political messages the union advocates. (We previewed the case here.) In a 5-4 decision, and in… Read More SUPREME COURT OPINION ALERT: Public-Sector Unions May No Longer Force Nonmembers to Pay “Fair Share” Fees
Third time’s the charm. Today, the Supreme Court upheld the third iteration of President Trump’s executive order temporarily restricting people from several majority-Muslim countries from entering the United States—the so-called “travel ban.” In a 5-4 opinion, written by Chief Justice Roberts, the Court found that the executive order did not violate the Establishment Clause of… Read More SUPREME COURT OPINION ALERT: Court Upholds “Travel Ban 3.0”
Today, the Supreme Court decided NIFLA v. Becerra, which involves whether a California law requiring so-called “pregnancy crisis centers” (pro-life medical facilities that provide a variety of services for pregnant women) to disclose abortion-related information violates the First Amendment. (We previewed the case here.) In a 5-4 decision, and in an opinion written by Justice Thomas, the Court… Read More SUPREME COURT OPINION ALERT: Court Strikes Down California’s Restrictions on Pro-Life Pregnancy Centers
A Florida man named Fane Lozman is on a roll. (Yes, his first name is Fane; like ‘fame’ but with an ‘n’ instead of an ‘m’.) In 2013, he won a lawsuit against the City of Riviera Beach at the United States Supreme Court. And today, he won his second. In the mid-2000s, Fane was… Read More Florida Man Wins Second Supreme Court Case in Five Years Against the City of Riviera Beach
Today, the Supreme Court decided Minnesota Voters Alliance v. Mansky, which involves whether Minnesota’s ban on “political” apparel at polling places on election day violates the First Amendment. (We previewed the case here.) In a 7-2 decision, and in an opinion written by Chief Justice Roberts, the Court ruled against the state of Minnesota and struck… Read More SUPREME COURT OPINION ALERT: Court Strikes Down Minnesota’s Ban on “Political” Attire at Polling Places
In February 2017, Ryan Duke was arrested and charged with the murder of Tara Grinstead, who went missing almost 12 years earlier. Tara was a south Georgia high school teacher and beauty queen, and her disappearance and Duke’s subsequent trial attracted substantial media attention. (Indeed, her murder has its own Wikipedia page.) Five days after… Read More Gag Order in Georgia Murder Trial Stuck Down
Today, the Supreme Court decided Masterpiece Cakeshop, which involves whether a cake baker can be forced to bake a cake for a same-sex couple’s wedding. (We previewed the case here.) In a 7-2 decision, in an opinion written by Justice Kennedy, the Court ruled in favor of the cake shop and found that the Colorado… Read More SUPREME COURT OPINION ALERT: High Court Rules in Favor of Cake Baker in Same-Sex Wedding Case
In Elkhart, Indiana, about half an hour east of South Bend, students at Concord High School have, for almost 50 years, participated in the school’s elaborate Christmas concert called their “Christmas Spectacular.” The students are a huge part of this production; in addition to showing off dance, choral, and instrumental talents, they also design and… Read More Indiana High School’s Nativity Scene Held Unconstitutional
This case is the next in a series of cases involving whether religiously affiliated organizations must comply with federal employment-nondiscrimination laws. By way of background, a 2012 Supreme Court decision declared that the First Amendment prohibits federal employment laws from applying to “ministers.” The Court wrote: “The Establishment Clause prevents the Government from appointing ministers,… Read More New York Methodist Hospital Exempt from Employment Laws
In 1998, Clarence Easterling, a Wisconsin man, was put on probation after being convicted of sexually assaulting a minor female. Then, three years later, his daughter was born shortly before he was sentenced to 25 years for armed robbery. Easterling has tried both in 2004 and 2013 to get his daughter to visit him, but… Read More Prisons Allowed to Permanently Deny Inmates Visits with Family
In New York, cable TV providers must provide their customers at least one public access channel. A public access channel is one that is “designated for noncommercial use by the public on a first-come, first-served, nondiscriminatory basis.” In Manhattan, a private non-profit corporation called Manhattan Neighborhood Network (MNN) operates one of Manhattan’s public access channels.… Read More Individual TV Producers Allowed to Sue Private Operator of Public Access Channel Over Controversial Video
Ohio, like most states, allows its state constitution to be amended via a “ballot initiative,” a proposed constitutional amendment that appears on the ballot state-wide and becomes part of the state constitution if it receives a simple majority of votes cast (other states require a supermajority). In 2016, a group of Ohio citizens wanted to… Read More Court Upholds Ohio’s “One Subject Only” Law for Voter Ballot Initiatives
In the spirit of the 2018 midterms, campaign-finance laws in Austin, Texas were recently challenged by Donald Zimmerman, a former City Council member. Specifically, he challenged three restrictions of a law enacted via a ballot initiative in 1997. These three restrictions were (1) a $350 cap on contributions per contributor per election, (2) a prohibition… Read More Court Partially Strikes Down Campaign-Finance Laws of Austin, Texas
El Cenizo, Texas—a town of about 3,000 people—borders the Rio Grande in south central Texas. Last year, it along with several other Texas cities (including Dallas, Houston, and Austin) sued the state of Texas over a controversial state law related to so-called “sanctuary city” policies. But before we get into the cities’ lawsuit, you have… Read More Texas May Not Prohibit Elected Officials from Endorsing “Sanctuary City” Policies
In general, the public has a First Amendment right to access court documents in both civil and criminal cases. Larry Flynt lives in Missouri and tried to access confidential (or “sealed”) court records in a death-penalty case. Specifically, he wanted access to documents about Missouri’s death-penalty protocol and medical members of its execution team, questioning… Read More No First Amendment Right of Public Access to Court Documents in Death Penalty Cases
Once again, abortion and the First Amendment collide. The Greater Baltimore Center for Pregnancy Concerns (“CPC”) is a nonprofit Christian organization that provides free pregnancy services including pregnancy tests, sonograms, and childcare education. It also provides fee childcare products such as diapers, clothing, and books. In keeping with its religious mission, it does not offer… Read More Baltimore’s Regulations for Pregnancy Center Held Unconstitutional
Credit-card companies charge retailers a small percentage of every transaction paid for with a credit card. Understandably, retailers can before frustrated by these charges and want to pass on the charges to consumers who choose to pay with credit cards. California—concerned that some consumers might be deceived by retailers who don’t clearly notify consumers of… Read More California’s Credit-Card Surcharge Law Held Unconstitutional
Gun control is a hot-button issue these days. And a recent case shows how the First Amendment—not the Second—could play a (small) role. New York City has some of the most restrictive gun laws in the country, making them a target for lawsuits. One of New York’s laws concerns “premises licenses,” which allow a handgun… Read More New York’s Gun-Licensing Scheme Upheld
Landlords sometimes try to “buy out” their tenants—give them money in exchange for vacating the unit. (This is also sometimes called a “no-fault eviction” because the landlord is trying to remove the tenant through no fault of the tenant. And we’re guessing that landlords try to buyout tenants when it’s in the landlord’s financial interest… Read More San Francisco’s Notice Requirement for Landlords Upheld
In 2017, Lexington, Kentucky passed an ordinance that penalizes the distribution of unsolicited literature (pamphlets, ads, etc.) to households outside of six specific delivery methods of delivery. The Herald-Leader, a news-media company in Lexington, publishes and distributes its Community News by leaving it on people’s driveway—not one of the six permitted methods—but allows residents to opt-out of delivery… Read More Kentucky City Allowed to Prohibit Unsolicited Newspaper Distributions
In California, soliciting or engaging in prostitution is classified as “disorderly conduct,” a misdemeanor. A group called Erotic Service Provider Legal Education and Research Project (referred to as ESP), sued California, challenging this law. ESP argued that the solicitation of prostitution is “speech,” and the statute unconstitutionally criminalizes it—violating the First Amendment. The ESP argued… Read More No First Amendment Right to Prostitution
In 2012, the Interior Department imposed a 20-year ban on new uranium mining on over a million acres of federal land in Arizona near the Grand Canyon. One of the reasons for the ban was concern over groundwater contamination. But another reason cited was to preserve “cultural and tribal resources” on the land because the… Read More First Amendment No Obstacle to Federal Uranium-Mining Ban in Arizona
Vice President Pence announced that he would attend the St. Patrick’s Day parade in Savannah, Georgia. Accordingly, city officials––in collaboration with the Secret Service–– released a list of 29 items that would be prohibited at the parade. Among those items were posters and signs that would presumably be used to protest against the Vice President. … Read More First Amendment Affirms Right to Protest at St. Patty’s Day Parade––Even When Vice President Pence Attends
Early last year, protesters gathered at the Denver airport to express their opposition to President Trump’s executive order temporarily restricting people from several majority-Muslim countries from entering the United States—the so-called “travel ban.” At the time (and still today), a Denver ordinance requires anyone protesting at the Denver airport to first obtain a permit. The… Read More Travel-Ban Protesters at Denver Airport Lose First Amendment Challenge
Rodney Keister is a traveling Christian evangelical. He proselytizes by preaching and passing out literature on public sidewalks. He also speaks and prays with people passing by. (He appears to have an organization named Evangelism Mission.) Two years ago, he was proselytizing on the sidewalk near an intersection on the campus of the University of… Read More Court Upholds University of Alabama’s Permitting Scheme for On-Campus Speech
Investigative journalism has always been a cornerstone of the freedom of the American press. And, in 2012, an Idaho animal-rights activist investigated an Idaho dairy farm by getting a job there and then filming animal abuse that they witnessed. Soon thereafter, the state enacted and enforced an “Ag-Gag” law (formally titled the Interference with Agriculture… Read More Idaho’s Ag-Gag Law Violates the First Amendment
Like other religiously affiliated non-profits, Catholic Health Initiatives (a Colorado-based health care provider) offers its employees a retirement plan which is exempt from the requirements of the federal law known as ERISA (which stands for Early Retirement Income Security Act). ERISA sets minimum standards for private-sector pension plans and information for plans’ beneficiaries. Janeen Medina,… Read More Okay for Church Retirement Plans to Be Exempt from Federal Regulatory Law
Medford, Oregon, about 30 miles from the California border, was the site in May 2012 of a planned teachers’ strike that ended up lasting 9 days. During the strike, some high school students even took to the streets as a show of support for their teachers. About a week before the strike—knowing that it was coming—the school… Read More Unconstitutional for Oregon School District to Ban Picketing & Signs During Teachers’ Strike
Michael Fowler and his company Epona, LLC (of which he is the sole member) own a 40-acre piece of land located in Ventura County, in southwest California. Though the land is zoned for agricultural use, Fowler built a garden on the property he wanted to use to host weddings and related events. A county ordinance… Read More California Permitting Scheme for Commercial Weddings Held Unconstitutional
This is another case involving prisons and mail. The Cape Girardeau County Jail in southeast Missouri has a somewhat restrictive mail policy for inmates: incoming non-legal mail may be on postcards only. Although there is no limit to the number of postcards than an inmate may receive (although only 10 at a time may be… Read More Missouri Jail’s “Postcard Only” Policy Upheld
Law-enforcement officers showed up at the house of Merritt Sharp, looking for his son, for whom the officers had an arrest warrant. They mistook Sharp for his son, arrested Sharp, and put him in the back of their squad car. Sharp was livid, “loudly swearing” and “threatening to sue them.” A few minutes later, the… Read More Unconstitutional for Police to Detain California Man for Being “Argumentative”
This is the second case in as many months dealing with Montana’s campaign-finance laws. In Montana, judges are picked by popular election. Judicial candidates can’t seek or use partisan political endorsements in their campaigns. In 2014, Sanders County judicial candidate Mark French received the endorsement of the Sanders County Republican Committee as well as endorsements… Read More Court Upholds Montana Ban on Judicial Candidates’ from Seeking Political Endorsements
The Fruddens, who live in Reno, Nevada, sent their children to Roy Gomm Elementary School for grades K-6. Before the 2011-2012 school year, the school enacted a new uniform policy which required students to wear red or navy-blue polo t-shirts or sweatshirts, as well as khaki-colored “bottoms” such as pants, capris, shorts, or skirts. The… Read More Nevada School-Uniform Policy Held Unconstitutional
A food truck called “The Wandering Dago” wanted to sell some food at a public plaza in Albany, New York. However, New York’s Office of General Services denied the food truck’s application to set up shop. (A “dago” is slur, used disparagingly toward those of Italian descent, and sometimes Spanish and Portuguese.) The food truck… Read More First Amendment Protects Offensive Food Truck Logo
Laura Holmes and Paul Jost—a married couple who appear to have done political fundraising in the past—challenged a federal law’s per-election ceilings on First Amendment grounds. That law limits the amount that an individual can contribute to a candidate for a federal office (such as a presidential candidate). The per-individual limit is $2600. That same federal… Read More Court Upholds Federal Limit on Per-Election Campaign Contributions
Shortly after World War I, private organizations in Prince George’s County, Maryland began building a large cross affixed with plaques and inscriptions to commemorate veterans of that county who died in the war. The cross, which stands four stories tall, was located in the median of a highway intersection. In 1961, citing the fact that… Read More 40-Foot Cross on Public Property in Maryland Violates First Amendment
In King County, Washington, the Republican Central Committee had a longstanding practice of appointing (rather than electing) its chairs in each legislative district. Andrew Pilloud, a former Republican candidate for state representative in Seattle, challenged the constitutionality of that practicing. He argued that state law requires the district chairs for political parties to be elected, not… Read More Unconstitutional for Washington to Require Political Parties to Elect Legislative District Chairs
Glassdoor.com is a website operating with the goal of ensuring transparency between employers and employees. There, employees of various companies can anonymously share information about their employer including interviewing practices, salaries, and the overall employer environment. Before posting any employer reviews, employees are asked for their email address and told that their information will be… Read More Feds May Obtain Anonymous Website Reviewer Personal Info
You may remember the Supreme Court case from last summer in which the high court unanimously agreed that the Federal Government could not prohibit an all-Asian-American band from trademarking its band name, “The Slants.” The Court struck down as unconstitutional the law that prohibits “disparaging” trademarks. We noted earlier that the same federal law also prohibits “scandalous”… Read More Federal Government Cannot Prohibit “FUCT” Trademark
Much has been written about parents that refuse to vaccinate their children. But as far as we know, this is the first time that the First Amendment has come up. Michigan requires that children be vaccinated. But like almost every other state, Michigan provides waivers from the vaccination requirement if parents have religious objections. A… Read More Michigan Anti-Vaxxer Told that Her Catholic Faith Does Not Oppose Vaccination
This is another post-Citizens United challenge to campaign-finance laws. In 1994, voters in Montana passed a state initiative known simply as “Initiative 118,” which altered limits on campaign contributions in state elections. These changes included reducing the amount of money individuals and PACs could contribute to candidates (direct contributions) and increasing the amount of money… Read More Montana’s Campaign Contribution Limits Upheld
In Danbury, Connecticut, about 60 miles northwest of Manhattan, Michael Pelella (31) and his little brother (22) lived at their mom’s house. When Pelella’s little brother said that he wanted to move up to the attic, Pelella objected—purportedly because Pelella had some of his stuff up in the attic. Pelella allegedly told his little brother,… Read More Connecticut Man’s Threat to Younger Brother Not Protected
Orlando Batista had sex with his girlfriend and did not tell her that he was HIV positive, which he knew that he was. Two months later, she learned from one of his family members that he had HIV. Unsurprisingly, she was not happy. That’s when the police got involved. Batista was charged with felony assault… Read More Ohio Okay to Require Disclosure of HIV-Positive Status Before Sex
Keri Borzilleri was an Assistant State’s Attorney in Baltimore when elections were held for the office of State’s Attorney (her superior’s office) in 2014. In the Democratic primaries of that election, Borzilleri publicly supported incumbent Gregg Bernstein over his challenger Marilyn Mosby who won the primaries and, in November, the general election. A day after… Read More Baltimore DA Allowed to Fire Assistant DA for Supporting Political Opponent
Huh? Banning liquor ads in liquor stores? Yes. That’s what California does. The state law goes back several decades to when (apparently) large alcohol manufacturers tried to use their market power to control distributors and retailers. That law is still on the books, and is part of California’s three-tiered market system for alcohol: manufacture, distribution, and… Read More California Allowed to Ban Liquor Advertising in Liquor Stores
This is another highway-overpass-protests case. In 2013, in St. Charles, Missouri — about 30 minutes northwest of St. Louis — Jimmy Duane Weed participated in a protest of President Obama’s policies on a highway overpass. Weed and his fellow protestors held signs directed at the traffic beneath them. After the protestors arrived on the overpass,… Read More Police Okay to Remove Protesters from Missouri Highway Overpass
A recent case gives us the opportunity to write about one of the most infrequently asserted First Amendment rights: the right to petition the government for a redress of grievances. The right shows up in a surprising place: federal antitrust law. A cable company called OneLink provides cable TV to people in Puerto Rico via… Read More The First Amendment and Antitrust Law
Gregory Luce and Nicholas Newman, two members of the local Tea Party, placed banners bearing messages such as “HONK TO IMPEACH OBAMA” on a pedestrian overpass in Wisconsin. After receiving complaints, the local municipal legislature enacted an ordinance forbidding all signs, flags, and banners (other than traffic-control information) on certain overpasses, or within 100 feet… Read More Court Upholds Ordinance Banning Signs From Wisconsin Freeway Overpass
In August 2014, Sonoko Tagami was in Chicago participating in GoTopless Day—an annual celebration of women’s suffrage. The police cited her for violating a city ordinance prohibiting public nudity. The City of Chicago’s public-nudity ordinance is quite specific. It prohibits appearing in public “in such a manner that the genitals, vulva, pubis, pubic hair, buttocks, perineum, anus,… Read More Chicago May Ban Women from Exposing Breasts in Public
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