donal brown

Free speech and elections: California congressman filing lawsuit after lawsuit against political enemies

California Republican Congressman Devin Nunes is suing “dark money” groups claiming they are conspiring to hurt his election campaign. The group had unsuccessfully tried to get Nunes’ “farmer” title removed from the ballot. One prominent lawyer thinks the lawsuit won’t survive the state’s anti-SLAPP protections. (Sacramento Bee, August 3, 2019, by Brianna Calix) Mike Masnick in techdirt, August 5, 2019, notes the irony of Nunes’ lawsuits against critics while he votes in Congress to protect free

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Federal appeals court rules Ohio man can pursue lawsuit against police department for arresting him over parody

The Sixth Circuit U.S. Court of Appeals ruled that a satirical Facebook page of a Ohio police department was protected by the First Amendment. The court found that the Ohio law cited by the police wrongly criminalized speech in arresting the man publishing the parody. The court said the law was broad and vague allowing police to file criminal charges when they object to speech they find objectionable “under the banner of probable cause.”(Courthouse News

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Local governments use sign ordinances to muzzle free speech and expression

Local governments are monitoring citizens’ sign posting at their residents and businesses and fining them for expressions that are protected under the First Amendment. The Supreme Court ruled in the 2015 decision Reed v. Gilbert that towns cannot enforce ordinances against signs that discriminate on the basis of content. Yet  towns all over the U.S. are objecting to political signs on lawns and businesses’ colorful murals. (Forbes, July 30, 2019, by Andrew Wimer of the

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Open government roundup: First Amendment Coalition has its day in court in case against San Jose

The First Amendment Coalition and Working Partnerships USA appeared in court to make arguments in their jointly filed lawsuit against San Jose over the city’s failure to disclose information regarding negotiations with Google to sell public land for a downtown development. “The people are the boss of the government, not the other way around,” FAC Executive Director David Snyder told a reporter after the hearing in Santa Clara Superior Court. The judge’s ruling is forthcoming. (The

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Free speech hassle: States pass laws to prevent labeling plant-based products as meat

As agricultural states ban the use of words for plant-based products like cauliflower rice and veggie bacon, the industry is striking back with lawsuits claiming the laws violate their First Amendment rights. Agricultural interests claim the use of these words distorts the reality that meat is from animals and rice is a grain and misleads consumers. (CBS News, July 29, 2019, by Sarah Min) A plant-based leader, Tofurky Co., filed a lawsuit against an Arkansas law that

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