CFIF Urges U.S. Supreme Court to Protect Private Property
The Center for Individual Freedom (“CFIF”) last week joined with nine other national and state organizations in filing an amicus brief with the U.S. Supreme Court urging it to grant certiorari in the case of Empress Casino Joliet v. Giannoulias...[more]
CFIF Urges U.S. Supreme Court to Preserve the Right of the People to Keep and Bear Arms
In its ongoing efforts to protect rights explicitly granted by the United States Constitution, the Center for Individual Freedom (CFIF) this week filed an Amicus Curiae brief before the United States Supreme Court in the much-anticipated case District of Columbia, et al. v. Heller, commonly referred to as "the D.C. gun ban case."...[more]
CFIF Urges Supreme Court of North Dakota to Protect Free Speech "Today, with unconstitutional regulations such as McCain/Feingold already stifling Americans' free speech rights during critical election periods, individual states simply have no right to restrict cross-state political speech," said Timothy Lee, the Center's Director of Legal and Public Affairs...[more]
CFIF Urges Supreme Court to Take Reporters’ Contempt Cases
The Center for Individual Freedom filed an amicus curiae brief asking the Supreme Court to grant review of a lower court’s decision to hold New York Times reporter Judith Miller and Time Magazine correspondent Matthew Cooper in contempt...[more]
CFIF Urges California Court to Recognize Privilege for Online Newsgatherers
The Center joined a group of webloggers, online publishers, law professors and free speech advocacy organizations arguing that online journalists have the same right to protect their confidential sources as the mainstream media....[more]
Center Urges U.S. Supreme Court to Protect Property Rights
In an amicus curiae brief filed today with the U.S. Supreme Court, the Center for Individual Freedom joined the Pacific Legal Foundation in asking the High Court to protect property owners from local governments use of eminent domain to seize private property under the guise of promoting economic development...[more]
CFIF Files Amicus Brief in Reporters Contempt Cases
The Center for Individual Freedom has filed an amicus curiae brief with the U.S. Court of Appeals for the D.C. Circuit, arguing that the First Amendment prevents a federal prosecutor from forcing New York Times reporter Judith Miller and Time Magazine reporter Matthew Cooper to reveal the identities of confidential sources...[more]
Center Files Brief Urging Supreme Court to End Beef Checkoff
The cows have come home. After years of numerous lawsuits in the lower courts, the U.S. Supreme Court will decide this term whether farmers and ranchers can be forced to pay for generic advertising under so-called checkoff programs. The case, Veneman v. Livestock Marketing Association, is on appeal from the U.S. Court of Appeals for the Eighth Circuit and challenges the beef checkoff program, which pays for the "Beef: Its Whats for Dinner" campaign,,,[more]
Center Files Amicus Brief in Pledge of Allegiance Case
Arguing that a two-judge majority of the U.S. Court of Appeals for the 9th Circuit "plainly erred" in declaring the voluntary recitation of the Pledge of Allegiance in the public schools unconstitutional, the Center for Individual Freedom filed an amicus brief today with the U.S. Supreme Court urging the Court to reverse the lower courts judgment and restore the constitutionality of our official Pledge of Allegiance nationwide...[more]
Foundation Asks California High Court To Decide Whether School District Improperly Influenced Bond Measure
The Center for Individual Freedom Foundation filed an amicus letter today with the California Supreme Court asking the justices to review a state appeals court decision that permits, among other things, public school district officials to conduct targeted voter registration and get-out-the-vote campaigns in an effort to influence the popular vote on school bond measures.
To read more, visit the Center for Individual Freedom Foundation.
Corporate America's Right to Free Speech:
Center Files Brief with Supreme Court in Nike Case
Arguing that the U.S. Supreme Court should either clarify or abandon existing commercial speech doctrine, the Center for Individual Freedom today files an amicus brief before the High Court in Nike, Inc. v. Kasky...[more]
Center Files Amicus Brief on Affirmative Action in U.S. Supreme Court
Arguing that affirmative action admissions programs violate both Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, the Center for Individual Freedom filed an amicus brief on January 16 urging the U.S. Supreme Court to strike down the racial and ethnic preferences used by the University of Michigan's undergraduate and law schools in their admissions...[more]
Center Files Amicus Brief with Supreme Court In Nike Commercial Speech Case
Arguing that remarkable and immediate damage to First Amendment interests are at continued risk, the Center for Individual Freedom today files an amicus brief urging the U.S. Supreme Court to grant review in Nike, Inc. v. Kasky...[more]
Hand-Slapping Opinion Issued in Sexual Harassment Case:
Burns v. City of Detroit Update
Many avid court-watchers take pleasure in reading the frequent hand-slapping opinions of the U.S. Supreme Court and state supreme courts as they issue decisions on appeal from lower courts. Much like a parent-child disciplinary situation, it is not often, if ever, that the reverse occurs, with a lower court slapping the hand of a higher court. But thats what appears to have happened recently in a decision of a panel of the Michigan Court of Appeals...[more]
Center Files Brief on Behalf of Tattoo Artist
White continues to challenge both his conviction and the statute on the grounds that banning the art of tattooing violates his constitutionally protected right of free expression....[more]
To download the brief, please click here.
Center files Amicus Brief in Support of Free Speech
On April 10, 2002, the Center for Individual Freedom filed an amicus curiae brief in the Michigan Court of Appeals, supporting the constitutional right of free speech of both employees and employers in a hostile workplace environment lawsuit...[more]
To download the brief, please click here.
Center Files Brief on Behalf of Vanessa Leggett
The Center for Individual Freedom has filed an amicus curiae brief with the Supreme Court in support of Vanessa Leggetts petition asking the Court to hear her case...[more]
To download the brief, please click here.
Center Files Amicus Brief in Ninth Circuit Campaign Finance Case
On January 14, 2002, the Center for Individual Freedom, joined by the James Madison Center for Free Speech, filed an amicus brief in support of the Lincoln Club of Orange Countys request for rehearing in its case against the City of Irvine, California. The case, before a panel of the Ninth Circuit U.S. Court of Appeals, challenges the citys campaign finance law on the grounds that it violates the rights of freedom of speech and free association...[more]
To download the brief, please click here.
Center for Individual Freedom Files Amicus Brief in Employment Discrimination Case before U.S. Supreme Court
On December 21, 2001, the Center for Individual Freedom filed an amicus curiae brief on behalf of the corporate respondent in Swierkiewicz v. Sorema, an employment discrimination case before the U.S. Supreme Court. This case addresses the question whether a complaint alleging claims of national origin and age discrimination against the employer was properly dismissed for failure to state a claim...[more]
To read the brief, please click here.
Center Files Amicus Brief in Supreme Court Anonymity Case
In Watchtower v. Stratton, the U.S. Supreme Court will decide whether there is a constitutional right to anonymity for door-to-door solicitors. The case stems from an attempt by the Village of Stratton, Ohio, to require solicitors of all types to first obtain permits before going door-to-door in the village. The issue on appeal is whether the First Amendment shields solicitors from having to disclose their names and addresses in the permit process and display their names on the permits if asked by a person to whom they are speaking [more]
To read the Centers brief, please click here.
CIF Files Amicus Brief Arguing That Ohios School Voucher Program Does Not Violate the First Amendment
On November 9, 2001, the Center filed an amicus brief with the U.S. Supreme Court in Zelman v. Simmons-Harris, arguing that Ohios school voucher program does not violate the Establishment Clause of the First Amendment. The statewide program allows low-income parents to use publicly financed vouchers as tuition to send their children to private schools, whether they be religious or secular in nature.
To view the Centers amicus brief, please click here.
CIF Files Amicus Brief in Compelled Speech Case Before U.S. Supreme Court
In United States v. United Foods, Inc., No. 00-276 (U.S. Supreme Court), the Center filed an amicus brief arguing that a federal law administered by the U.S. Department of Agriculture that compelled mushroom producers and processors to fund generic advertising for mushrooms violated the First Amendment of the U.S. Constitution. The Center also argued that if the Supreme Court were to view this case as involving the government's own speech, the appropriate First Amendment test should remain the same as applied to other forms of compelled speech....[more]
Click Here to View CFIF's Brief 231Kb
Click Here to View United Foods Brief 399Kb
CIF Files Amicus Brief Against California Mandatory Plum Advertising Program
In Gerawan Farming, Inc. v. Veneman, No. S080610, (Calif. Supreme Court), the Center filed an amicus brief arguing that a California program compelling fruit growers to finance generic advertising of fruits thus forcing them to speak violated both the First Amendment of the U.S. Constitution and the free speech clause of the California State Constitution.Click Here to View Brief 181Kb
Update: The California Supreme Court found that the program violated the state constitutional protections for free speech and remanded the case to the court below on November 27, 2000
CIF Files Amicus Brief in Separation of Powers Case Before Supreme Court
In Whitman v. American Trucking Association, No. 99-1257 (U.S. Supreme Court), the Center filed an amicus brief arguing that the sweeping delegation to the EPA to set National Ambient Air Quality Standards provided insufficient guidance to the agency, allowed the agency to make value and policy choices that were required to be made by Congress, and thus constituted an improper delegation of legislative power to an executive branch agency. The Center noted that the separation of powers between the legislative and executive branches is an important structural protection for individual freedom that was built into the U.S. Constitution as a means of checking the exercise of governement power.
Click Here to View Brief 232Kb
Update: On February 27, 2001, the Supreme Court upheld the EPA's authority to enact the clean air standards. However, the Court placed important restraints on the agency's regulatory authority by stating that future standards enacted by the agency in order to protect public health should be "sufficient, but not more than necessary."
Click Here to View the U.S. Supreme Court Opinion
Center Files Amicus Brief in 11th Circuit Judicial Speech Case
In Butler v. Alabama Judicial Inquiry Commission, No. 00-14137-DD (U.S. Court of Appeals, 11th Cir.), the Center has submitted an amicus brief arguing that restrictions on the content of campaign speech by candidates for state judicial office violated the First Amendment to the U.S. Constitution. The restrictions at issue were preliminarily enjoined by a federal district court and that preliminary injunction is now on appeal to the U.S. Court of Appeals for the Eleventh Circuit.
Click Here to View Brief 239Kb
Update: Both sides have filed all briefs with the court and argument was heard on January 22, 2001. A motion for leave to file the Center's amicus brief is currently pending before the court.
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