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

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

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

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

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

The United States government certified Thomas Matherly as a sexually dangerous person in November of 2006 while he was serving a prison sentence for possession of child pornography at a federal prison just outside of Durham, North Carolina.  In 2012, a district court civilly committed him as a sexually dangerous person, and he has remained… Read More When Prisons Read Mail

Solicitation by hand-billing.  We’ve all seen it.  Recently, the Eleventh Circuit affirmed the right of businesses in Miami Beach to solicit business via handbilling, even after complaints that hand-billers were annoying and aggressive. Due to these complaints, the City of Miami Beach enacted an anti-solicitation ordinance and an anti-handbilling ordinance. After receiving numerous citations, several… Read More Miami Beach’s Anti-Handbilling Ordinance Faces First Amendment Challenge