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First Amendment Free Exercise of Religion Doesn’t Apply to For Profit Corporation - Corporation Forced to Buy Insurance

By Barry Zalma, Attorney and Consultant It is the dream of every business that its customers be required by law to enter into a contract to buy the product of the business. Insurance is, by definition a contract freely entered into between a person, the insured and the insurer. The parties to the...

Michael Jordan v. Jewel Food Stores: The Seventh Circuit Explores the Boundaries of Commercial Speech

When and how the First Amendment [ version available to lexis.com subscribers ] applies is normally a complicated question. In Michael Jordan v. Jewel Food Stores, Inc. , No. 12-1992 , the parties teamed up to present an issue on commercial speech for the Seventh Circuit. When Bulls legend Michael...

What Does McCutcheon Mean for Wisconsin Campaign Finance Law?

On April 2, the United States Supreme Court released its much-anticipated decision in McCutcheon v. FEC , 572 U.S. __ (2014), [ version available to lexis.com subscribers ]. The case was closely watched because it presented the Court the opportunity to revisit the framework of First Amendment campaign...

Caught Snooping on Privacy Rights: Illinois Supreme Court Invalidates State Eavesdropping Law

The Illinois Supreme Court has essentially gutted the state’s long-standing eavesdropping law, placing the state into an unprecedented “no-mans-land” for the recording of private conversations. In two separate unconsolidated opinions, the Court found that the law violated the First...

D.C. Circuit Rules a Provision of the Conflict Minerals Rule Violates the First Amendment

On April 14, 2014, the D.C. Circuit Court of Appeals, [ enhanced version available to lexis.com subscribers ], in Nat'l Ass'n of Mfrs. v. SEC , 2014 U.S. App. LEXIS 6840, D.C. Cir., No. 13-5252, 4/14/14) (available at http://www.cadc.uscourts.gov/internet/opinions.nsf/D3B5DAF947A03F2785257CBA0053AEF8...

panhandling prohibited sign

7th Cir. Upholds Springfield's Panhandling Ordinance, Using a Historic Twist

By Eric G. Pearson It can’t have happened often (if at all) that a retired Justice would decide a new case based on his reading of an opinion in which he dissented. Yet that is precisely what happened in Thayer v. Worcester , 755 F.3d 60 (1st Cir. 2014) (Souter, J.), [ enhanced version...

Ninth Circuit Rejects EA’s “Incidental Use” Defense in Madden-Related Right of Publicity Suit

By Matt Ganas, Frank Ryan and Melissa Reinckens On January 6, 2015, the Ninth Circuit decided that Electronic Arts Inc.’s (“EA”) unauthorized use of former NFL players’ likeness as avatars in the Madden NFL video game series does not qualify for First Amendment protection...

Chemical Labeling and Disclosures: Can the Government Put Words in Your Mouth

Eric Gotting and Martha Marrapese, Partners at Keller and Heckman, authored the article "Chemical Labeling and Disclosures: Can the Government Put Words in Your Mouth." The article was published in the Spring 2015 edition of Natural Resources & Environment . To read the article, please...

DC Circuit Court Upholds Federal Ban On Campaign Contributions – What’s Next for Politically Active Government Contractors?

By William H. Minor A unanimous federal appeals court in Washington, DC has upheld a long-standing ban on federal campaign contributions by government contractors. The case, Wagner et al. v. Federal Election Commission , [subscribers can access an enhanced version of this opinion: lexis.com...