Tag
Commercial Speech
Scales of Justice

Federal Appeals Court Panel Upholds Virginia Sign Restrictions Near Highways

Virginia law that prohibits signage “within the limits of any highway” does not violate the First Amendment, a federal appeals court has ruled. The appeals court also rejected a vagueness challenge to the Virginia scheme, even though there is no express distance listed in the law regarding how close is “within the limits.”  

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Soda cans

Federal Appeals Court Blocks San Francisco Requirement For Health Warning On Soda Ads

The ordinance required advertisements for sugary drinks to include a health warning that occupied 20% of the ad.

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Beer

Could a Beer Label Be Free Speech? DC Brewery Sues Government For Stalled Sales During Shutdown

D.C. craft beer brewery Atlas Brew Works is suing the acting Attorney General Matthew Whitaker over their inability to sell a batch of beer due to the federal shutdown, a […]

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Martini

It’s Happy Hour Somewhere: Lawsuit Challenging Happy Hour Ad Restrictions Will Proceed

  Chef Geoff Tracy can move ahead with his lawsuit against Virginia’s Alcoholic Control Board seeking to weaken happy hour advertisement rules in the state. Lawyers for the Attorney General’s […]

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Equal pay equal work stock photo

In A Blow to Women and Minorities Seeking Pay Parity, Judge Rules Philadelphia Cannot Ban Salary History Inquiry Under First Amendment

The Chamber of Commerce of Greater Philadelphia brought a lawsuit against Philadephia for an ordinance that banned employers from inquiring about a job-seeker’s salary history, stating that it was 'bad for business.' The ordinance has two parts - "it prohibits an employer from inquiring about a prospective employee’s wage history (“the Inquiry Provision”); and second, it makes it illegal for an employer to rely on wage history “at any stage in the employment process” to determine a salary for an employee (“the Reliance Provision”)." Philadelphia approved the ordinance in January to take effect this May. However, U.S. District Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania ruled that the "inquiry provision" specifically violated the First Amendment's free speech clause. “Although the ordinance represents a significant positive attempt to address the wage gap, the First Amendment compels me to enjoin implementation of the inquiry provision." Will this chill efforts in other states and cities that have been passing similar ordinances?

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