Ninth Circuit: LONE STAR SECURITY AND VIDEO, V. CITY OF LOS ANGELES

First Amendment, Free Speech


Restrictions on mobile advertising are content neutral and sufficiently narrowly tailored.

Concur:  The distinction between signs and decals is philosophically untenable.


LONE STAR SECURITY AND VIDEO, V. CITY OF LOS ANGELES

Fourth Circuit: Melanie Lawson v. Union County Clerk of Court

Free Speech, Employment, First Amendment, S1983


[Assuming S1983, since QI is discussed. c/a not specific.]

A deputy clerk need not have political allegiance to the boss -- it was clearly established law that a clerk who opposed the head clerk in an election should not have been placed on leave for the simple fact of having done so.

The head clerk is not shielded from suit under the 11th Amendment.

Insufficient facts in record for judgment on whether the speech was ultimately protected  under a non-categorical balancing test.  Insufficient record for ruling on summary judgment.

Long dissent: given burden to establish lack of retributive character to the employment action, there are sufficient facts for judgment in the record


Melanie Lawson v. Union County Clerk of Court

Seventh Circuit: John Otrompke v. Bradley Skolnik

Posner, Free Speech, Standing


Candidate for admission to the state Bar has no standing to preemptively challenge a an allegedly unconstitutional provision of the rules, since the Bar might decide not to unconstitutionally enforce it.


John Otrompke v.   Bradley Skolnik

Seventh Circuit: Women's Health Link, Incorporated v. Fort Wayne Public Transportation

Free Speech, Posner.

Where the government creates a facility for communicative activity, it is inappropriate to look beyond the four corners of the speech itself in determining whether the speech can be barred.

Bus ads -- with image and Hamlet quote.


Women's Health Link, Incorporated v.   Fort Wayne Public Transportation

Eighth Circuit: Grand Juror Doe v. Robert McCulloch

FRCP

District court erred in dismissing grand juror's 1A challenge to confidentiality laws in order to allow for a state resolution of the claim, as the statutory scheme isn't that complex.  Proper remedy is prudential stay.

Grand Juror Doe  v.  Robert McCulloch

Fourth Circuit: Robert Sarvis v. James Alcorn

Election Law

Commonwealth's ballot ordering scheme does not impede access to ballot or association rights--no heightened scrutiny, despite potential "windfall vote" from order on the page.

Commonwealth's interest in preserving symmetry, reducing voter confusion properly pleaded.   Little burden on petitioner.

Question for the political branches.


Robert Sarvis v. James Alcorn

First Circuit: Reyes-Orta v. Highway and Transportation

Free Speech, employment

Letter by co-worker sufficient proof that employer was aware of political affiliation.

Genuine issue of material fact as to whether adverse employment actions created a cause of action.

Bona fide reason for ending of employment does not mean that there is no issue of material fact as to whether the ending of employment would have happened but for the political speech.

http://media.ca1.uscourts.gov/pdf.opinions/14-2172P-01A.pdf

Ninth Circuit: USA v. Elven Swisher

First Amendment, En Banc

The Supreme Court's holding that false statements of military valor are protected under the First Amendment was a change in the substantive law, and is retroactively applicable to cases on collateral review.

The wearing of a military medal that was not granted by the armed services is an act of expressive speech, and no compelling government interest justified its criminalization.

Dissent: Wearing a medal is substantially different from saying that a medal was won.  Gvt may legitimately ban.

http://cdn.ca9.uscourts.gov/datastore/opinions/2016/01/11/11-35796.pdf

Ninth Circuit: Retail Digital Network v. Jacob Appelsmith

First Amendment

Marketing agency has standing to challenge content-based restrictions on commercial speech, even if the speaker is determined to be the company selling the goods or the institution serving the goods.

Content-based restrictions on speech must withstand heightened scrutiny.

https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2016/01/07/13-56069.pdf

Eleventh Circuit: Brad Buehrle v. City of Key West

First Amendment - Tattoos

Where the designs are not rote application of standardized designs, making tattoos is a form of expression protected by the First Amendment.

No proof in record that allowing tattoo shops would injure neighborhood's character or harm tourism.
Quoting Jimmy Buffett does not suffice.

http://media.ca11.uscourts.gov/opinions/pub/files/201415354.pdf

Ninth Circuit: Mark Oyama v. University of Hawaii

Where a university's imprimatur is a prerequisite for a specific professional certification, the university is allowed deference in matters of regulation of speech by the candidate.

A candidate in a university professional certification program is not necessarily protected under the public employee speech doctrine.

A student teacher may be removed for conduct that, in the reasonable professional judgment of the university, violates defined and established professional standards which are narrowly tailored to serve the foundational mission of the program.

Programs can look to speech as an indication of likely future conduct.

Academic dismissals do not trigger due process interests so long as they are careful and deliberate.

https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2015/12/29/13-16524.pdf

Ninth Circuit: Americans for Prosperity Found v. Kamala Harris

First Amendment - political contributions

Collection of donor information by state Attorney General does not risk chilling of speech, or harassment by the state or the public.

Temporary injunction barring the public disclosure of the information sustained, given the possibility that the information might be subject to mandatory statutory disclosure.

https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2015/12/29/15-55446.pdf