Category: Commercial Speech

Baltimore’s Regulations for Pregnancy Center Held Unconstitutional

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

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California’s Credit-Card Surcharge Law 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

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San Francisco’s Notice Requirement for Landlords 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

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Federal Government Cannot Prohibit “FUCT” Trademark

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

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California Allowed to Ban Liquor Advertising in Liquor Stores

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

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San Francisco’s Labeling Law for Sugar-Sweetened Beverages Found Unconstitutional

San Francisco requires that ads for sugar-sweetened beverages (e.g., soda, pop, whatever you call it) carry a message stating, “Warning: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay. This is a message from the City and County of San Francisco.” The message must take up 20% of the ad and be outlined by… Read More San Francisco’s Labeling Law for Sugar-Sweetened Beverages Found Unconstitutional

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San Francisco Allowed to Prohibit Anti-Abortion Medical Clinics from Making False or Misleading Statements

A medical clinic in San Francisco called “First Resort” provided free, pregnancy-related medical services. It was an example of a so-called “crisis pregnancy center.” It was a pro-life non-profit, dedicated to building “an abortion-free world.” Thus, First Resort did not provide abortion services to its patients, nor would it refer its patients to a facility… Read More San Francisco Allowed to Prohibit Anti-Abortion Medical Clinics from Making False or Misleading Statements

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New York Law Prohibiting Surcharges for Credit-Card Users Might Violate the First Amendment

So this was not a full-blown First Amendment case, but it involved an important question that courts sometimes have to answer in First Amendment cases: is the government regulating speech or conduct? (Generally speaking, speech is protected by the First Amendment and conduct is not.) Expressions Hair Design is a company that specializes in…well you… Read More New York Law Prohibiting Surcharges for Credit-Card Users Might Violate the First Amendment

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