A&A: Law unclear on collecting signatures on private property in California

Q: As a professional signature gatherer for over a decade, it seems that California remains in a legal gray area regarding my right to petition California ballot initiatives on private property. However, there have been a couple rulings that have not upheld the historic Pruneyard case regarding locations like Target and Walmart. Furthermore, Target has [...]

Oregon medical pot case raises First Amendment concerns

The 9th Circuit federal court of appeals heard  plaintiffs argue that the sheriff retaliated against them because they petitioned Douglas County to return the legal marijuana taken among a seizure of 117 lbs of marijuana. They claimed the sheriff persuaded federal authorities to become involved,  in violation of their First Amendment right to petition the [...]

A&A: Where can I legally hand out flyers for my non-profit?

Q: I cannot find the answer to this legal question anywhere, or if I found something similar, the question is about a religious group or a signature gatherer for political purposes which might have an exemption or an inherent right to be soliciting. I work for a 501c3 part time and I would like to [...]

Federal judge rules against Kansas law prohibiting nonresident petitioning

Citing the First Amendment, a federal district judge struck down a Kansas law that prohibited nonresidents from circulating petitions in Kansas. -db The Winfield Daily Courier August 14, 2010 By Roxana Hegeman Associated Press Writer WICHITA (AP) — A federal judge struck down as unconstitutional on Friday a part of a Kansas law that prohibits [...]

Petition-signing a public act says Washington State’s Supreme Court brief

Is petition signing a private act? In advance of the April 21 U.S. Supreme Court hearing, Washington State conservatives have filed a brief calling it private; recently the Washington State AG filed a counter argument claiming it is a public act. The outcome could have impacts far beyond the original controversy, which started over petitions [...]

Court rules anti-SLAPP law not a defense for law firm sued for malpractice

A California appeals court ruled that a law firm could not defend itself in a malpractice suit citing California’s anti-SLAPP laws since the client’s focus was on their attorney’s quality of performance rather than their speech and petitioning activities. -DB Metropolitan News-Enterprise December 3, 2009 By Kenneth Ofgang The anti-SLAPP statute does not protect a [...]

California court upholds dismissal of suit in anti-SLAPP case

A California appeals court ruled that filing a foreign lawsuit was not protected activity since the California anti-SLAPP statute does not grant a U.S. citizen the right to petition a foreign government. -DB Metropolitan News-Enterprise December 2, 2009 By Sherrie M. Okamoto The filing of a lawsuit in a foreign country is not a protected activity [...]