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
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