Gregory Lowrey, owner of the Happy Valley Tattoo parlor, challenged the Utah Department of Workforce Services Appeals Board’s decision that the wages of a former employee, Jacklyn Johnson, were subject to unemployment insurance. Lowry argued that the business was part of his church, UBU Ministries, which includes tattooing among its religious tenets. On appeal to [...]
Archive for the ‘First Amendment’ Category
Utah Court of Appeals holds that “religious” tattoo parlor not exempt from paying unemployment insurance.
Posted in Employment Law, First Amendment, tagged unemployment benefits on August 12, 2011 | Leave a Comment »
Seventh Circuit applies First-Amendment protection to disingenuous lobbying tactics employed to prevent competition.
Posted in Business Law, First Amendment, tagged free speech on June 13, 2011 | Leave a Comment »
In 2004, Mercatus Group partnered with Evanston Northwestern Healthcare to open a physician center in the village of Lake Bluff, a short distance away from the almost 70-year-old Lake Forest Hospital. Recognizing the threat a competing facility would pose, Lake Forest Hospital began a lobbying and public-relations campaign to prevent the center’s launch. The hospital [...]
Seventh Circuit agrees that employee cannot sue for religious discrimination after she was fired for telling a lesbian co-worker that she would go to hell.
Posted in Civil Rights, Employment Law, First Amendment, tagged religious discrimination on April 8, 2011 | Leave a Comment »
In September 2005, Tanisha Matthews, an overnight stocker at Wal-Mart for nine years, became involved in an impassioned discussion about God and homosexuality with a lesbian co-worker named Amy during a break. When Wal-Mart officials investigated the incident, they learned that Matthews screamed at Amy that God does not accept gays, that gays should not [...]
Texas Court of Appeals rules that woman’s criticism of former mayor did not constitute slander.
Posted in Constitutional Law, First Amendment, Torts, tagged free speech, slander on January 11, 2011 | Leave a Comment »
Ester Salinas spent a decade researching the area surrounding the Hayes-Sammons pesticide plant in Mission, Texas. She found that hundreds of children in the area were stillborn, while many others were born with birth defects. Pat Townsend was city manager in 2000, and he ordered the site to be tested by a toxicologist Ester Salinas [...]
Ninth Circuit revives free-speech claims related to use of a Nazi salute during a city counsel meeting.
Posted in Constitutional Law, First Amendment, tagged free speech on December 15, 2010 | 2 Comments »
In 2002, Robert Norse was ejected from a Santa Cruz City Council meeting and then arrested for giving the board a “silent Nazi salute.” Norse sued the city counsel, challenging the counsel’s decorum policy and claiming that the ejection and arrest violated his right to free speech. In 2004, while the lawsuit was still pending, [...]
Second Circuit strikes down ban of religious vanity license plates as a violation of Free Speech.
Posted in Constitutional Law, First Amendment, tagged free speech on October 13, 2010 | Leave a Comment »
Shawn Byrne challenged a Vermont law banning religious vanity license plates after the state turned down his application for a license plate with “JN36TN,” a reference to John 3:16. Byrne argued that the state’s ban on religious vanity plates violated his First and Fourteenth Amendments rights. The state claimed, however, that was meant to prevent [...]
Tenth Circuit holds that crosses honoring fallen troopers violate separation of church and state.
Posted in Constitutional Law, First Amendment, tagged separation of church and state on August 20, 2010 | Leave a Comment »
In 1998, the Utah Highway Patrol Association (“UHPA”) began placing 12-foot-high crosses on state highways to honor dead Utah highway patrol troopers. Each memorial displays the name of the fallen trooper, the year in which he died, and a biographical plaque. The American Atheists and three Utah residents challenged the crosses as a violation of [...]
Small victory for The Game in defamation case against him.
Posted in Constitutional Law, First Amendment, Torts, tagged defamation, free speech, police misconduct on November 13, 2009 | Leave a Comment »
Rapper Jayceon “The Game” Taylor was at a mall in Greensboro, North Carolina, when security guards told one of his entourage to stop filming without permission. He refused. The security guards called police. The Game refused to leave, and a crowd gathered to support him. The police dispersed the crowd with pepper spray and arrested [...]
Fifth Circuit upholds ban of Confederate flag in school dress code.
Posted in Constitutional Law, First Amendment, tagged Confederate flag, free speech, racism on October 14, 2009 | Leave a Comment »
Burleson High School (“BHS”) adopted a dress code barring students from displaying the Confederate flag in response to more than 50 race-related incidents since 2002. Because of a fight that broke out between BHS students and fans of a predominantly black high school before a basketball game, the Texas high-school athletics governing body considered sanctions [...]
Police criticism of supervisor’s management style not protected by First Amendment, according to the Ninth Circuit.
Posted in Constitutional Law, First Amendment, tagged free speech, management style, personality dispute on July 15, 2009 | 5 Comments »
Two San Bernadino police sergeants, Michael Desrochers and Steven Lowes, filed retaliation claims alleging that they were demoted as a result of their criticisms of their supervisor, Lt. Mitchal Kimball. The city claimed it transferred Desrochers because of a botched investigation and Lowes for disobeying orders and endangering a suspect in custody. Desrochers and Lowes [...]



