News & Analysis as of

Free Speech Private Property

Husch Blackwell LLP

State-By-State Guide to Ag-Gag Legislation - March 2024

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Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more

Gray Reed

Dereliction of Duty: Can Local Governments Be Liable for Not Protecting Property from Protestors?

Gray Reed on

Eager to spark the socialist revolution, left-wing activists seized Ramsett Park and the surrounding area and declared an independent autonomous community dedicated to social and economic justice. While that hypothetical...more

Downey Brand LLP

Update: Signature Gatherers and Solicitors

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As we head into another election cycle, several CGA members have asked about their rights with respect to unwanted signature gatherers and other solicitors. We’ve heard many stories about belligerent signature gatherers who...more

Seyfarth Shaw LLP

Victory’s Motion Is Not A “SLAPP” Dunk: Petition Gathers Are Trespassing When Seeking Signatures In Front Of Store Entrances

Seyfarth Shaw LLP on

Synopsis: Ralphs Grocery v. Victory Consultants, 17 Cal. App. 5th 245 (2017), gives some solace to private property store owners. The Silver lining of the Victory Consultants grocery store decision—petitioners and signature...more

Clark Hill PLC

“Trespass is Fine with Us” sayeth the 10th Circuit

Clark Hill PLC on

Free speech is a cherished constitutional right although not at Berkeley, it seems. Our courts usually bend over backwards to protect it. Over the years, the term “speech” has been stretched to cover not just the spoken word...more

Pillsbury - Gravel2Gavel Construction & Real...

Wyoming Law Criminalizing Crossing Private Property to Collect Resource Data Regulates the “Creation” of Speech

In an unusual case, Western Watersheds Project, et al v. Michael, Attorney General of Wyoming, decided on September 7, 2017, the U.S. Court of Appeals for the Tenth Circuit reversed the District Court’s decision upholding...more

Foley Hoag LLP - Environmental Law

Wyoming Prohibits Trespassing For Resource Data Collection: Might Massachusetts Follow?

In a fascinating case, Judge Scott Skavdahl (who recently struck down BLM’s fracking regulations) dismissed challenges from NRDC and PETA, among others, to a Wyoming law that prohibits trespassing on private land for the...more

Stinson LLP

Protestors at Your Door—First Amendment Law Insight

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Protest politics appears to be reaching new heights not seen since the 1960s. Protests on Wall Street, at public universities and in private places have become a favored method for addressing social issues. At the Mall of...more

Gray Reed

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 5 (the conclusion)

Gray Reed on

To conclude the series, we look at one more opinion — Serafine v. Blunt, No. 03-12-00726-CV, 2015 WL 2061922 (Tex. App.—Austin May 1, 2015). This case dealt with a property dispute, but the real interest comes from the...more

Carlton Fields

2015 Florida Legislative Post-Session Report

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Carlton Fields Jorden Burt’s Government Law and Consulting Practice Group released its 2015 Florida Legislative Post-Session Report detailing significant bills that passed during the 2015 Regular Session of the Florida...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Rules Unions May Picket On Private Property

Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8, S185544 (December 27, 2012): The California Supreme Court recently held that although a supermarket’s privately owned entrance area is not a public...more

Ervin Cohen & Jessup LLP

Employment Law Reporter – February 2013

In This Issue: - The Twenty Pros and Cons of Working in Human Resources - California Supreme Court Issues Harsh Ruling Regarding Union Picketing on Private Property - Excerpt from California Supreme...more

Proskauer - California Employment Law

California Supreme Court Approves Union Picketing in Front of Store Entrances

Ralphs Grocery sought an injunction to prevent a labor union from picketing on the privately owned walkway in front of the only customer entrance to its store....more

Fenwick & West LLP

Fenwick Employment Brief - January 2013

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In This Issue: *FEATURE ARTICLES - New Pregnancy and Disability Regulations for California Employers - Washington Federal Court Declines to Uphold Broad Non-compete Restrictions Against California...more

Holland & Knight LLP

California High Court Issues Important Ruling on Labor Speech Rights of Unions on Private Property

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The California Supreme Court recently issued its decision in Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8. Although the ruling resolved a long-standing dispute between a supermarket owner and the...more

Littler

California Supreme Court Permits Picketing on Private Property

Littler on

In a split decision, the California Supreme Court has upheld the constitutionality of two statutes that restrict state court injunctions against picketing by labor unions on private property. Ralphs Grocery Co. v. United Food...more

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