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Today on The WLF Legal Pulse Blog

D.C. Circuit's "COOL" Decision Eases Government's Burden in Justifying Compelled Speech

If government wants to force you to say something you would not otherwise express, it must have a very good reason for doing so. This bedrock First Amendment principle applies to individuals and business enterprises alike.

In July, the U.S. Court of Appeals for the D.C. Circuit—arguably the nation's second most important federal court—carved away at this principle and the constitutional protection it provides. Below, we discuss how that court allowed a federal agency to repeatedly change its declared reason for compelling speech and in an en banc panel opinion improperly eased government's burden to prove a substantial governmental interest.

District Court Challenge. The compelled speech at issue in American Meat Institute (AMI) v. USDA is a country of origin label ("COOL") . . . . (continue reading here)

Paul v. State Farm Mut. Automobile Ins. Co.
On August 25, 2014, WLF filed a brief in the U.S. Court of Appeals for the Sixth Circuit, urging it to reject efforts by the plaintiffs' bar to undermine the subrogation rights of insurance companies. WLF argued that recognition of broad...
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In re: Definition of “Waters of the United States” Under the Clean Water Act
On August 22, 2014, WLF filed formal comments with the Environmental Protection Agency, cautioning the agency that a proposed rule intended to clarify the scope of federal jurisdiction under the Clean Water Act (CWA) conflicts with binding Supreme...
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In re: Proposed Revisions of the Nutrition and Supplemental Facts Label
On August 1, 2014, WLF filed comments with the Food and Drug Administration, reminding the agency that its proposed revisions to nutrition labeling requirements must comport with the First Amendment. WLF highlighted two proposed revisions that are...
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Al Bahlul v. United States
On July 14, 2014, the U.S. Court of Appeals for the District of Columbia Circuit voted 6-1 to uphold the Government’s right bring al Qaeda leaders to trial before military tribunals for having conspired to murder American citizens during the...
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Yates v. United States
On July 7, 2014, WLF asked the U.S. Supreme Court to reverse the conviction, under the Sarbanes-Oxley Act, of a commercial fisherman who allegedly directed his crew to throw undersized fish back into the sea after receiving a regulatory citation....
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Blocked Shipping Alliance Reveals Modest Improvement in Chinese Antitrust Review Transparency
By Noah A. Brumfield, a partner in the Silicon Valley and Washington, D.C. offices of the law firm White & Case LLP, and Yi Ying, an associate in the firm’s Washington, D.C. and Shanghai offices.
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ON THE MERITS: Maple v. Costco Wholesale Corp.
Featuring Jeffrey B. Margulies, a partner in the Los Angeles office of the law firm Norton Rose Fulbright, and Shirish Gupta, a California-based mediator and the Chair of the California State Bar Solo & Small Firm Section.
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Latest Communication
View All » Web Seminar
July 10, 2014 | 10:00 A.M. – 11:00 A.M EDT
The Future of FDA’s “GRAS” Designation in an Era of Increased Scrutiny
Melvin S. Drozen, Partner, Keller and Heckman LLP
Evangelia C. Pelonis, Counsel, Keller and Heckman LLP
 
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June 25, 2014 | 1:00 P.M.-2:30 P.M. EDT
The U.S. Supreme Court: Reviewing the October 2013 Term
Dan Himmelfarb, Partner, Mayer Brown LLP
Mark S. Davies, Partner, Orrick, Herrington & Sutcliffe LLP
Jeffrey A. Rosen, Partner, Kirkland & Ellis LLP
 
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