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2018 | Fall Issue

Facets of the First Amendment

Few things are more foundational to our humanity than our ability to communicate.

When it comes to intolerance, campus administrators have become innovators, turning the marketplace of ideas into an ideological breadline. Postage-stamp-size free speech zones, vague speech codes, and speaker disinvitations are driving a national conversation about intellectual intolerance on campus. There is no shortage of examples of the campus speech crisis in action.

– Jim Manley, Pacific Legal Foundation

what’s inside

Our First Amendment Freedoms

Larry G. Salzman

PLF has always been an effective and eager advocate for First Amendment freedoms. Our most recently argued U.S. Supreme Court case, Minnesota Voters Alliance v. Mansky, upheld the right of voters to wear t-shirts and other apparel that peacefully expresses political views at a polling place. One of our first Supreme Court cases, Keller v. State Bar of California, struck down a law that forced lawyers to contribute money to support bar association lobbying for political positions they oppose.

Standing Up Against Compelled Speech

Deborah J. La Fetra

“You have the right to remain silent.” Fans of cop shows are familiar with those words that remind criminal suspects of their constitutional right to avoid incriminating themselves. While this guarantee comes from the Fifth Amendment, the First Amendment freedom of speech also protects the right to remain silent—a right that PLF has unswervingly defended for our entire history.

Minnesota Free Speech Case Is Latest PLF Victory at Supreme Court

Wen Fa

In June, PLF scored one of the big- gest First Amendment wins in recent years with our victory in Minnesota Voters Alliance v. Mansky (MVA). In MVA, the U.S. Supreme Court struck down a broad ban on political apparel at the polling place. The Minnesota law at issue prohibited voters from wearing t-shirts featuring the logo of groups with “recognizable political views”—including groups like PLF, the ACLU, and even Ben and Jerry’s. PLF, representing a voter who was censured for wearing a Tea Party t-shirt, secured a sweeping victory for free speech.

Commercial Speech Deserves Constitutional Protection

Caleb R. Trotter

Michael Cefali in San Juan Capistrano, CA, and Scott McLean in Alexandria, VA, just wanted to sell their cars. So they did what any American might do and put a “for sale” sign in their car windows. But until PLF stepped in, local bureaucrats fined both men merely for advertising their vehicles for sale, claiming that the First Amendment didn’t protect the sellers because they were engaged in commercial activity.

The Campus Challenge to Free Speech: An Anatomy of Intolerance

Jim Manley

When it comes to intolerance, campus administrators have become innovators, turning the marketplace of ideas into an ideological breadline. Postage-stamp-size free speech zones, vague speech codes, and speaker disinvita- tions are driving a national conversation about intellectual intolerance on campus. There is no shortage of examples of the campus speech crisis in action.

There’s No “Professional Speech” Exception to the First Amendment

Mark Miller

In June, The U.S. Supreme Court came down 5–4 on the side of free speech in National Institute of Family and Life Advocates v. Becerra. While PLF was not involved, it is noteworthy that the Court’s holding supports PLF’s view of professional speech—that the First Amendment protects the rights of individuals—regardless of their profession—to speak or not speak their minds without government retribution.

Appreciation for Justice Anthony Kennedy, a First Amendment Champion

Jonathan Wood

At the end of the last term, Justice Anthony Kennedy announced his retirement from the U.S. Supreme Court. Although his considerable power as the Court’s “swing justice” occasionally made him a controversial figure, Kennedy’s place in the Court’s history should be defined by his deep appreciation for the role of free speech in our Constitution and society. Hopefully our next Justice will continue his commitment to a strong First Amendment.

A Stellar Victory for Free Speech in Florida

Jeremy Talcott

When Nancy Nemhauser and Lubomir (Lubek) Jastrzebski painted their house in the likeness of Vincent van Gogh’s “The Starry Night,” they didn’t expect to become a national sensation. But that’s exactly where they found themselves after city officials trampled their First Amendment rights by ordering them to remove the mural and threatening them with significant fines.

An Everyday Hero in the Battle to Restore Property Rights Protections

Kathy Hoekstra

Margaret Hatcher once said, “You may have to fight a battle more than once to win it.” PLF attorney Dave Breemer knows this full well, having fought the same property rights battle for the past 15 years. And sometimes one everyday person makes the difference.

An Elevator Pitch—in China

Jack Hartpence

Richard Bartel and Ellen Stok discovered Pacific Legal Foundation in 2008 in the most unlikely place—an elevator in Lijiang, China. The Aptos, California, couple was on a round-the-world charter flight, when their stop in Tibet was diverted to the far-off southwest Chinese village of Lijiang.
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Stories of liberty and justice

Sword&Scales is a quarterly magazine with in-depth stories about liberty, equality, and justice. Published by Pacific Legal Foundation, a public interest law firm with a winning record at the Supreme Court, Sword&Scales features narratives from history, courtroom showdowns, and the real experiences of people fighting for their rights.

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