During the early 1900s, manufacturers and wholesalers of alcoholic beverages “tied” retailers to them by providing them with loans, reduced rents, free equipment and other means. Such “tied-house” arrangements caused a vast growth of the number of saloons and bars, resulting in various social evils.
Okay For Legislature To Ask The People Of California For An Advisory Opinion.
In Citizens United v. FEC (2010) 558 U.S. 310 [130 S.Ct. 876, 175 L.Ed.2d 753, 22 Fla. L. Weekly Fed. S. 73], (Citizens United), a divided United States Supreme Court invalidated federal election law restrictions on the political speech of corporations, holding that a speaker’s identity as a corporation, as opposed to natural person, could not […]
Pork.
A prison inmate is a Muslim and a member of the Nation of Islam, a religious organization. His religious beliefs forbid him from consuming or handling pork. Prison officials ordered the inmate to cook pork loins as part of his kitchen duties. The Ninth Circuit held prison employees violated the inmate’s clearly established right to […]
Free Speech: Texas Can Control What Its License Plates Say.
Texas offers automobile owners a choice between ordinary and specialty license plates. Those who want the State to issue a particular specialty plate may propose a plate design, comprising a slogan, a graphic, or both. If the Texas Department of Motor Vehicles approves the design, the State will make it available for display on vehicles […]
Supreme Court Holds Church May Put Up Temporary Signs To Announce Times And Places Of Its Services.
A town has a strict Sign Code, which permits ideological, political and a limited category of directional signs for “qualifying events.” A small, cash-strapped church and its pastor wished to advertise the time and location of their Sunday church services. Services are held in changing locations in or near the town. The church began placing […]
Former Football Players Want To Be Paid For The Use Of Their Likenesses In Video Games.
Both the trial and appeals courts were called upon to “balance the right of publicity of former professional football players against [a video game company’s] First Amendment right to use their likenesses in its Madden NFL series of video games.” Madden NFL allows video game users to play virtual football games between National Football League […]
Stop Bothering Our Customers.
Plaintiff owns an outdoor shopping center with 60 retail stores, and has a policy of prohibiting solicitation of donations on shopping center property. Defendants, who provided evidence they operate youth centers outside the county, were repeatedly soliciting donations on the sidewalk areas immediately adjacent to store entrances. The police refused to intervene, and the shopping […]
First Amendment Rights Of Sex Offenders Preserved.
Under California law, sex offenders have long been required to report their address and a current photograph to law enforcement. Apparently to catch up to the 21st century, the Legislature passed a law requiring sex offenders to also report any and all internet identifiers within 24 hours of acquiring such [Californians Against Sexual Exploitation Act; […]
Stolen Veterans Benefits And Valor.
A defendant served in the U.S. Marines a little over a year after the Korean War ended. His discharge document, known as a DD-214, states “N/A” with regard to medals awarded and wounds sustained. More than 40 years later, he filed a claim for Post-Traumatic Stress Disorder [PTSD], claiming he suffered PTSD as a result […]
Anti-Slapp Motion Should Have Been Granted.
This action is for malicious prosecution. The plaintiff, a City Council member, was criminally prosecuted and acquitted in federal court. In this action, he sues the owner of a strip club who he alleges falsely testified he bribed plaintiff. At the heart of the matter is a city ordinance, referred to as the “no touch” […]
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