Unconstitutional for Oregon School District to Ban Picketing & Signs During Teachers’ Strike

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

California Permitting Scheme for Commercial Weddings Held Unconstitutional

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

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