Free Speech

In its Supreme Court amicus brief in Minnesota Voters Alliance v. Mansky the State and Local Legal Center (SLLC) argues that states and local governments should be able to ban political apparel at polling places. County election officials and the Minnesota Secretary of State were sued for violating the First Amendment in this case.

At least eight states (Delaware, Kansas, Montana, New York, South Carolina, Tennessee, Texas, and Vermont) other than Minnesota have enacted similar bans.

The State and Local Legal Center (SLLC) Supreme Court amicus brief in Lozman v. City of Riviera Beach argues if probable cause exists to make an arrest the arrestee should be barred from bringing a First Amendment retaliatory arrest lawsuit.

Fane Lozman lived in a floating house in the...

California law requires that licensed pregnancy-related clinics disseminate a notice stating that publically-funded family planning services, including contraception and abortion are available. It also requires unlicensed pregnancy-related clinics to disseminate a notice they are unlicensed. The National Institute of Family and Life Advocates (NIFLA) operates 111 pregnancy centers in California. None offer abortions or abortion referrals; only 73 are licensed.

In NIFLA v. Becerra NIFLA claims that both requirements violate the First Amendment Free Speech Clause. The Ninth Circuit disagreed.

In Minnesota Voters Alliance v. Mansky the Supreme Court will decide whether banning political apparel at polling places violates the First Amendment. At least eight states (Delaware, Kansas, Montana, New York, South Carolina, Tennessee, Texas, and Vermont) other than Minnesota have enacted similar bans.

What if a police officer arrests someone in retaliation for engaging in speech protected by the First Amendment but the officer also had probable cause to arrest that person for different, legitimate reason? In Lozman v. City of Riviera Beach the Supreme Court will decide whether that person may sue the police officer for violating his or her First Amendment rights.

Fane Lozman lived in a floating house in the Riviera Beach Marina. The City proposed to redevelop the marina using eminent domain and Lozman became “an outspoken critic” regularly criticizing the mayor and city council at council meetings. At a city council meeting Lozman offered comments about former county commissioners who had served in other communities being arrested. A councilperson had Lozman arrested for refusing to stop talking. Lozman was not ultimately charged with disorderly conduct or resisting arrest.

Pages