Unconstitutional for Police to Detain California Man for Being “Argumentative”

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”

Court Upholds Montana Ban on Judicial Candidates’ from Seeking Political Endorsements

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

Nevada School-Uniform Policy Held Unconstitutional

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

First Amendment Protects Offensive Food Truck Logo

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

Court Upholds Federal Limit on Per-Election Campaign Contributions

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

40-Foot Cross on Public Property in Maryland Violates First Amendment

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