News & Analysis as of

Local Ordinance Free Speech First Amendment

Tucker Arensberg, P.C.

Federal Court of Appeals Rules Pennsylvania Borough’s Ordinance Regulating Political Yard Signs is Unconstitutional

Tucker Arensberg, P.C. on

In Camp Hill Borough Republican Ass’n v. Borough of Camp Hill, 2024 U.S. App LEXIS 11300 (3rd Cir., May 9, 2024), a three-judge panel of the United States Court of Appeals for the Third Circuit declared portions of Camp Hill...more

Best Best & Krieger LLP

U.S. Supreme Court Issues Two Decisions Impacting Local Sign Regulations and Flag Policies

Lawful or Landmine? Court Rules on First Amendment Snares - Municipalities throughout the country regulate signs and set policy for flag-flying on public property. Done right, these are lawful functions of local...more

Keating Muething & Klekamp PLL

Ohio Supreme Court Strikes Down Billboard Tax as Unconstitutional

The Ohio Supreme Court recently struck down a billboard tax as unconstitutional in Lamar Advantage GP Co., LLC v. Cincinnati, Slip Opinion No. 2021-Ohio-3155.  The case evaluated an excise tax placed on the installing,...more

Perkins Coie

Anti-SLAPP Motion May Not Be Based on Speech Activities Merely Incidental to Asserted Claims

Perkins Coie on

An anti-SLAPP motion was properly denied because the claims for damages arose from breach of contract and tort actions, not from any protected First Amendment activity. Oakland Bulk and Oversized Terminal, LLC v City of...more

Best Best & Krieger LLP

An Extraordinary Smackdown of an Ordinary Sign Ordinance

Court Invalidates Common Sign Ordinance on First Amendment Grounds - A federal appeals court cited the First Amendment in invalidating some portions of the City of Troy, Mich.’s sign ordinance that are very common to many...more

Cozen O'Connor

Third Circuit Upholds Philadelphia Wage History Ordinance

Cozen O'Connor on

On February 6, 2020, the U.S. Court of Appeals for the Third Circuit upheld a City of Philadelphia ordinance that prohibits employers from inquiring after and/or relying upon a prospective employee’s wage history in any...more

Payne & Fears

You Can't Ask This: The Spread of Salary History Bans and What It Means for Employers

Payne & Fears on

A growing number of state and local governments across the country are enacting laws that limit employers’ ability to ask about or consider applicants’ salary history. These laws are part of a nationwide effort to reduce pay...more

Foster Garvey PC

Short-Term Rental Update: HomeAway and Airbnb lose the battle against Santa Monica; Blueground gains traction

Foster Garvey PC on

HomeAway and Airbnb Lose the Battle Against Santa Monica - ("Airbnb Loses Major Fight Over California City's Rental Law," Bloomberg Quint - Stories on Mar 13, 2019) On March 13, the Ninth Circuit ruled against HomeAway and...more

Fisher Phillips

You Can Ask About It, But You Can’t Rely Upon It: Finally, a Resolution to the Constitutionality of Philadelphia’s Wage Equity...

Fisher Phillips on

According to the late great Tom Petty, “the waiting is the hardest part.” The United States District Court for the Eastern District of Pennsylvania (the “Court”), however, begs to differ with The Heartbreakers’ leading man....more

Troutman Pepper

Portion of Philadelphia Salary History Ban Ruled Unconstitutional

Troutman Pepper on

In a ruling that could provide a roadmap for challenging salary history bans in other jurisdictions, a Philadelphia federal judge issued an opinion on April 30 invalidating a major element of the Philadelphia salary history...more

BCLP

Ninth Circuit Blocks San Francisco’s Warnings Ordinance for Sweetened Beverages

BCLP on

In a decision likely to have important implications for regulation of commercial speech, the Ninth Circuit Court of Appeals has blocked a San Francisco ordinance requiring warnings about the health effects of certain...more

Kelley Drye & Warren LLP

Government-Mandated Health Warnings in Sweetened Beverage Advertising Found Likely to Chill Protected Free Speech

On September 20, the Ninth Circuit blocked the City and County of San Francisco from implementing an ordinance that would have required health warnings on advertisements for beverages that contain one or more added sweeteners...more

Fisher Phillips

Does the Ban on Salary History Inquiries Violate the First Amendment? Ruling on Philadelphia Bill May Impact New York 

Fisher Phillips on

On May 4, 2017, New York City joined the Commonwealth of Massachusetts and the City of Philadelphia when the Mayor signed legislation that bans employers from inquiring about the salary history of job applicants. These laws,...more

Farrell Fritz, P.C.

Sky Signs, Colossal Murals and Billboards, Oh My

Farrell Fritz, P.C. on

Two recent New York cases brought to mind the well-known poem about trees. No, not the one written by Joyce Kilmer. The other one, written by Ogden Nash. Who can ever forget those immortal words. “I think that I shall never...more

Best Best & Krieger LLP

City Ordinance Banning New Outdoor Billboards, but Authorizing Relocated Ones, Upheld by California Court

Authorizing Relocated Ones Upheld by Court; Constitutional Challenges Rejected; Injunction Order to Remove Billboard Affirmed - The City of Corona has prevailed in a constitutional challenge to its enforcement of a...more

Best Best & Krieger LLP

Arizona Town's Content-Based Sign Rules Struck Down by U.S. Supreme Court

Local agencies urged to review sign codes in favor of content-neutral rules - The United States Supreme Court recently struck down portions of an Arizona town’s sign code that subjected ideological, political and...more

Dickinson Wright

Supreme Court Strikes Down Ordinance Regulating Directional Signs

Dickinson Wright on

In the case of Reed v. Town of Gilbert, the United States Supreme Court recently issued a significant decision regarding municipal sign regulation The Town of Gilbert regulated signage differently based on the content of the...more

Best Best & Krieger LLP

Supreme Court To Hear Sign-Ordinance Case

On July 1, 2014, the Supreme Court granted cert in Reed v. Town of Gilbert, a case in which the Ninth Circuit upheld the Town of Gilbert’s sign ordinance against a First-Amendment challenge. The case could directly impact...more

Holland & Knight LLP

Religious Institutions Update: February 2013

Holland & Knight LLP on

Last February, at the request of Senate Finance Committee member Charles Grassley (R-Iowa), the Commission on Accountability and Policy for Religious Organizations was formed to address tax-related policy questions of import...more

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