Courting Liberty

PLF's Director of Communications Harold Johnson speaks with PLF Attorney Ethan Blevins and client Mark Elster about how PLF and Mark are fighting back against forcing Seattle property owners, through a new tax, to subsidize other people’s political campaign donations and fund candidates not of their choosing. The first of its kind in the country, Seattle’s voucher program was enacted in 2015 as Initiative 122. During each local election cycle, Seattle residents are each entitled to four $25 vouchers, which they can contribute to candidates for city council and city attorney. Candidates must abide by spending limits, among other mandates, to be eligible. The program will eventually be extended to the mayor’s race. Funding comes from a new property tax levied specifically for this program.

PLF Vice President of Litigation Jim Burling interviews PLF General Counsel John Groen, President and CEO Steven Anderson, and client Donna Murr about the recent Supreme Court decision in Murr v. St. Croix County and Wisconsin. The Supreme Court delivered an adverse ruling for property rights in the case of Murr v. State of Wisconsin and St. Croix County, with the majority failing to recognize the constitutional violation that government imposed on the Murr family.

PLF's Director of Communications Harold Johnson hosts a discussion with PLF Senior Attorney Mark Miller about how officials at Vero Beach High School and the Indian River County School Board have finally withdrawn all punishment of student J.P. Krause – a rising senior whom they unlawfully penalized for the “offense” of delivering a tongue-in-cheek speech in his successful candidacy for student body president. Vero Beach High School withdrew their order disqualifying him from serving in the post that he won by a landslide. On June 19 they announced that they will also rescind their finding that his harmless, humorous speech somehow violated the school’s anti-harassment policy.

PLF's Director of Communications Harold Johnson leads an impassioned discussion with PLF Senior Attorney Mark Miller and PLF client J.P. Krause about how Vero Beach High School has trampled on J.P.'s First Amendment rights. PLF has sent a formal letter to officials with Vero Beach High School, calling on them to rescind their unwarranted and unconstitutional punishment of PLF’s client, J.P. Krause, for the “offense” of delivering a harmless, tongue-in-cheek speech as a candidate for student body president.

PLF's Director of Communications Harold Johnson leads a discussion with PLF Attorney Anastasia Boden and PLF Client John Loudon about how PLF is fighting a California law that allows unions to block certain contributions by contractors to industry associations that the unions don’t like. Previously, in lieu of paying the full prevailing wage (i.e., an amount reflecting unionized wage levels), contractors on state projects could donate to organizations with a mission of advancing the building industry. But under SB 954, such contributions are allowed only 1) if the business is unionized or agrees to play by union rules on a given project; and 2) if the union formally approves of the donation.

PLF's Director of Communications Harold Johnson is joined by PLF Attorney Wen Fa and PLF Client Andy Cilek to discuss how The Supreme Court is being asked to review Minnesota's speech-stifling restrictions on voter apparel. The law tramples free speech rights by forbidding voters from wearing anything to the polls that might be interpreted as even slightly political or ideological, even if it has no relation to any candidate, ballot measure, or political party.

PLF Attorney Jonathan Wood leads a discussion with PLF D.C. Center Executive Director Todd Gaziano and PLF Attorney Jeffrey McCoy on the Congressional Review Act and how the opportunity to use the act to effect positive change is crucially important. In recent weeks, many have said that the window to use the CRA to undo regulations has closed. However, a coalition of liberty-minded public policy and legal organizations have joined forces to challenge that notion. PLF recently launched a revamped Red Tape Rollback website and is advocating an expanded use of the Congressional Review Act — potentially paving the way for hundreds of rules to be reconsidered.

PLF's Director of Communications Harold Johnson leads a discussion with PLF Senior Attorney Tony Francois about how PLF client and Duarte Nursery co-owner John Duarte's due process rights are being plowed under by the feds. The outcome of this case against the Duarte family has major implications not only for Duarte Nursery, but for farmers across the United States.

PLF Senior Attorney Joshua Thompson hosts an in-depth conversation with PLF client and Book Passage bookstore owner Bill Petrocelli and PLF Attorney Anastasia Boden on how California’s newly expanded autograph law which formerly applied only to sports memorabilia — now applies to sellers of any signed commodity worth over $5, including books. In response to this, PLF and Book Passage have filed a constitutional lawsuit against the onerous new state restrictions that will make it extremely risky, if not impossible, for stores to sell autographed books or host author events, like the more than 700 book signings hosted by Book Passage each year.

PLF's D.C. Center Attorney Jonathan Wood hosts a special podcast discussion from Washington D.C. on how Pacific Legal Foundation is stepping up to defend the Congressional Review Act. Joining Wood for the discussion and analysis are PLF D.C. Center Executive Director and Senior Fellow in Constitutional Law Todd Gaziano and PLF Attorney Oliver Dunford. PLF has moved to intervene against a federal lawsuit by the Center for Biological Diversity — which claims, astonishingly, that Congress and the president violate the Constitution when they pass a law that rescinds a bureaucracy’s regulation. As PLF argues, CBD’s lawsuit seeks to turn the Constitution on its head, placing unelected, unaccountable bureaucrats above Congress. Under our Constitution, administrative agencies only have power that Congress chooses to delegate to them. Congress is free to limit its delegation of power as it sees fit.

PLF's Director of Communications Harold Johnson leads a candid discussion with PLF's Executive Vice President and General Counsel John Groen and PLF Client Jennifer Lynch about the May 4th California Supreme Court hearing on PLF's challenge to the California Coastal Commission’s attack on some Encinitas residents’ right to protect their oceanfront homes from storms and erosion. The Lynch's troubles date back to December, 2010, when a severe storm and erosion destroyed their seawall and the lower portion of their long-existing stairway that led from their homes down to the beach. The City of Encinitas gave Lynch and Frick permission to rebuild the seawall and the stairway. But the Coastal Commission balked, and refused to affirm that approval. Instead, the commission attached a condition that the seawall permit would expire in 20 years, forcing the homeowners to apply again or tear out the seawall.

PLF's Director of Communications Harold Johnson hosts a conversation with PLF Attorney Anastasia Boden on PLF's Economic Liberty Project. PLF believes it is the right of every person to earn an honest living and compete freely without unreasonable government interference. The Economic Liberty Project is dedicated to challenging irrational and anti-competitive occupational licensing laws which exist not to protect the public, but serve only to protect discrete interest groups from competition.

PLF Senior Attorney Joshua Thompson hosts a special discussion with PLF Client Adam Mueller, a fifth generation butter maker at Minerva Dairy. Ohio-based Minerva Dairy, America’s oldest family-owned cheese and butter dairy, sued Wisconsin over its newly enforced ban on the sale of ungraded butter. As the lawsuit argues, the ban is an unjustified, anti-competitive restriction that protects large Wisconsin-based dairies, while blocking 123-year-old Minerva Dairy from selling its artisanal butters to Dairy State consumers, as well as freezing out most other dairies across the country.

PLF's Director of Communications Harold Johnson hosts a discussion with PLF Atlantic Center Attorney Christina Martin about how federal officials have missed their legal deadline for acting on a petition to remove the golden parakeet from Endangered Species Act coverage. Therefore, PLF is serving notice on the U.S. Fish and Wildlife Service that the agency will be sued if the foot-dragging continues.

PLF's Director of Communications Harold Johnson leads a discussion with PLF Senior Attorney Damien Schiff and renowned Colorado-based wildlife biologist Dr. Rob Roy Ramey about the delisting petition submitted by PLF calling on the U.S. Fish and Wildlife Service to remove the Preble’s meadow jumping mouse from Endangered Species Act coverage. The petition is based on new scientific findings confirming that the mouse, far from being “threatened,” is not meaningfully different from other populations of jumping mice with healthy populations in a number of parts of North America.