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Landlord/Tenant Law Legal Topics Real Property Law

Can Tenants Post Political Signs?

Can landlords stop their tenants from posting signs for a political candidate or proposition the landlord doesn’t support? The answer generally is no. Since 2012, the law in California allows tenants to post political signs, but there are some restrictions.

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Checklists Civil Litigation Legal Topics Litigation Strategy Pretrial Matters

Is It Too Risky to SLAPP Back?

ThinkstockPhotos-185824314Your client got hit with a Strategic Lawsuit Against Public Participation (SLAPP) suit, i.e., a suit with a cause of action based on your client’s act in furtherance of the constitutional right of petition or free speech in connection with a public issue. You have a chance to hit back with a special motion to strike the cause of action under the anti-SLAPP statute. But should you?

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Checklists Civil Litigation Legal Topics Litigation Strategy Pretrial Matters

Checklist: Does the Anti-SLAPP Statute Apply?

533402213An anti-SLAPP motion to strike is generally available when one of the causes of action in a case is based on an act of a person in furtherance of the person’s constitutional right of petition or free speech in connection with a public issue. CCP §425.16(b)(1). That may sound straightforward, but it can actually be tricky to determine if the statute applies to a particular cause of action you want to attack. Here’s a handy checklist to take you through the determination of whether an anti-SLAPP motion may be on the table.

Categories
Constitutional Law Legal Topics

Was BART’s Cutting Cell Service a Violation of Free Speech?

For what seems to be the first time in the United States, a government agency cut off mobile-internet and phone service to quash a protest demonstration.  Was this a valid and reasonable way to protect public safety or an unlawful infringement on free speech rights protected under the First Amendment?

Categories
Civil Litigation Constitutional Law Legal Topics

City Council Meetings Begin with the Lord’s Prayer and End Up with a Lawsuit

The Sussex County Council in Delaware begins each public meeting with the Lord’s Prayer, and has now ended up with a lawsuit (.pdf) for violation of the separation of church and state.

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Business Law Civil Litigation Legal Topics

Libel Tourism

As Americans, we feel comfortable saying whatever we want about public officials and celebrities on our blogs and websites. We’ve got the First Amendment behind us. Unfortunately, the First Amendment doesn’t stretch to cover everywhere our Internet musings may go. Forum shopping has taken a new turn — libel tourism – in which defamation plaintiffs seek a forum that will provide the least protection for statements.

Categories
Constitutional Law Legal Topics

The Right to Tattoo

In a decision that conflicts with those of at least six other cases from various jurisdictions, the Ninth Circuit, as Law.com puts it, “had no trouble deeming tattoos and the business of tattoo parlors forms of pure expression fully protected by the First Amendment.”

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Business Law Civil Litigation Legal Topics Profiles

Profile in Practice: Neil L. Shapiro

As part of CEB’s commitment to bringing together California’s legal community, our blog will post a short interview with one of your fellow attorneys.

This week, we profile Neil Shapiro:

CEB: What is your practice area and how did you choose it?

Neil: I stumbled into First Amendment law when I was asked in my first year of practice to assist on a big libel case. I loved the subject matter and volunteered to do as much as was around. That led to representing publishers, which in turn led to copyright and trademark issues and litigation. At the core, though, I am a business litigator who is comfortable in the referenced specialty areas.