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Speech Speech &LAW October 2013 Volume 22 Issue 5 Inside This Issue Sacramento Sign Police Target Small Business 2 STOP CENSORING Charity Navigator STOP CENSORING Ranks IJ Among Most Elite SPEECH 3 New IJ Book Terms of Engagement Just Released 4 Dear Abby was not a criminal, and neither is IJ client John Rosemond, above. Newspaper columnists, like John, cannot be threatened with fines and jail for giving advice. By Paul Sherman Like the well-known “Dear Abby” column, John’s There is no shortage of parenting advice out column is often written in a question-and-answer for- there. Some of it is good, some of it is bad, but could mat, in which he responds directly to questions sent in IJ Fights some of it also be illegal? That is the remarkable by parents. And that is what has some people upset. Economic Protectionism position taken by the Kentucky Board of Examiners This past February, after John wrote a column advis- in Tampa of Psychology, which has declared that only state- ing two parents to get tough with their underachieving licensed psychologists may dispense parenting advice 17-year-old son, a retired Kentucky psychologist wrote in the Bluegrass State. a letter of complaint to the board, asking it to crack 8 Caught up in the board’s outrageous government down on John’s column because John had not con- overreach is 65-year-old North Carolina family psy- ducted an individual assessment of the troubled teen. chologist John Rosemond. John is the author of more Remarkably, the board agreed, and in May of this than a dozen books on parenting, five of them best- year it sent John a cease-and-desist letter ordering him Published Bimonthly by the sellers. And for 37 years, he has also authored a syn- to stop responding to reader questions in his column Institute for Justice dicated newspaper column in which he gives advice and to stop truthfully referring to himself as a “family to parents who are struggling with the challenges of psychologist” in the tagline of that column. If he did visit us online: raising children. Advice Censorship continued on page 7 www.ij.org &LAW IJ Sues Sacramento’s Sign Police IJ Attorneys Bill Maurer and Erica Smith join our clients Carl and Elizabeth Fears in the fight to protect both Got Muscle gym and the First Amendment right of every business to communicate with the public. By Erica Smith is in the back of the building facing a parking Four years ago Carl and Elizabeth Fears lot. From the road, Got Muscle looks like an started Got Muscle Health Club in Sacramento. office building. So the Fears used window signs Dedicated to making their gym thrive, the and an A-frame sandwich board in front of their husband-and-wife team opens every morning at building to bring in clients. The Fears’ A-frame 5:30 a.m. and often works 16-hour days. But sign was particularly effective, drawing in sev- city officials do not share the same commit- eral new customers every day. ment to success. Sacramento makes it almost But in recent months, the city decided that impossible for Got Muscle and other small busi- this had to stop. The city banned A-frames, ban- nesses to advertise using signs. ners and other types of temporary advertising, Signs are often the most effective and and threatened the Fears with hundreds of dol- inexpensive way for small businesses to com- lars in fines every day if they used their A-frame. municate. And they are vital for Got Muscle. The Fears were forced to stop advertising, caus- The gym’s windows are tinted, and the entrance ing a dramatic decrease in their walk-in traffic. Carl and Elizabeth Fears are fighting back. In August, they teamed up with IJ attorneys to challenge Sacramento’s sign ban in federal court. 2 October 2013 12 Years Running: IJ Receives Charity Navigator’s Watch the video “Sacramento’s Sign Police vs. The First Amendment and Got Muscle Health Club” at Highest Rating ij.org/SacSignsVid. For the 12th consecutive year, IJ has received Charity Navigator’s highest 4-star rating for financial health, accountability and transparency. This achievement rec- ognizes IJ’s ability to continually operate at peak level and to pursue and achieve long- term change. The sign code does not apply evenly to Charity Navigator is the world’s largest everyone. Signs advertising real estate, events and most-used charity rating service, evalu- for non-profit groups, political campaigns, ating more than 6,500 nonprofits every year. government flags, religious symbols and the IJ remains in an elite group of fewer than 65 emblems of historical organizations are either charities nationwide to earn four stars for 12 entirely exempt from the sign code’s severe consecutive years. We consistently rank in provisions or have only minimal regulations. the Top 10 among those charities. For instance, Got Muscle could put out an Our success would not be possible A-frame sign that says “Got Muscle: For without the commitment and hard work Rent” but not one that says “Got Muscle: Join of everyone involved—our donors who Now.” Adding to this inequity, the city admit- provide the long-term financial support ted to ignoring countless illegal signs near Got that makes our work possible; IJ lawyers Muscle. and staff who work daily to keep our costs Sacramento’s sign code is not only bad down; and our controller and her team who for business, it is unconstitutional. Under the First Amendment, the government cannot arbi- have put in place impeccable systems and trarily restrict entrepreneurs’ free-speech right controls that enable us to be accountable to to advertise, nor can it regulate speech accord- our donors and the public.u ing to its content. In fact, the Institute for Justice won a case against a similarly restric- For more information, visit tive sign code in Redmond, Wa., in 2006. www.CharityNavigator.org. Thankfully, Carl and Elizabeth are fight- ing back. In August, they teamed up with IJ to challenge Sacramento’s sign ban in federal court. The city immediately contacted IJ and said the city council will try to amend the sign code to bring it into compliance with the TWELVE Constitution. If it does not, the Fears and IJ will not stop fighting until the HHHH courts strike the code down.u F O U R S T A R S Carl and Elizabeth Fears are fighting back. In August, they teamed up with IJ attorneys Erica Smith is an IJ attorney. YEARS to challenge Sacramento’s sign ban in federal court. 3 &LAW A NEW BOOK FROM THE INSTITUTE FOR JUSTICE Buy YOUR COPY TODAY! By Chip Mellor Every IJ litigator knows the moment, waiting in the hushed court- judiciary. Clark explains how the room just before the bailiff’s gavel cracks, followed by the command, philosophy of routine deference to “All rise.” As the judge enters the courtroom to begin a trial or argu- the other branches of government ment, the litigators are prepared to marshal their evidence to make has led to the judiciary’s abdica- the strongest case for our clients. Every detail has been scrutinized tion of its essential role in the and organized, all relevant case law mastered. From that opening system of checks and balances so moment, effective advocates apply the law to the facts to offer persua- carefully designed by the Framers. sive reasons to rule in their client’s favor. Like all of us at IJ, Clark In many instances, the trial or argument will be presented to the has seen firsthand how often the judge. There will be no jury. The judge weighs the evidence, applies dreams and aspirations of honest, the law and issues an opinion. At every stage of a case, through any hard-working people are crushed appeals, judges will play the decisive role in dispensing justice. by government when courts Being a judge is hard work, and losing parties will always be abdicate their responsibilities and unhappy, so judges have a real stake in maintaining a reputation defer blindly to legislative or exec- for fairness. The respect with which judges and their decisions are utive acts. This book, published Available now at Amazon.com and received depends on the integrity of their decisions. That integrity rests by Encounter Books, reflects wis- bookstores nationwide. on their impartiality. Judges are expected to be neutral arbiters who dom and insights that come from bring wisdom and experience to their task. These attributes need to be that experience. It presents a well-developed constitutional theory and consistently applied because every case must be examined on its own intellectually rigorous defense of liberty. It’s a great read for lawyers merits. The responsibility of and non-lawyers alike, issuing weighing evidence and evaluat- “Clark Neily’s elegant essay slays the idea that a clarion call for what we must ing arguments demands that ‘judicial restraint’ is always a virtue. It often have: judicial engagement. judges refrain from injecting amounts to judicial abdication. Neily explains Since its founding in 1991, their personal bias or political that judges must judge to defend the rights that the Institute for Justice has beliefs into a case. government exists to secure.” argued for a more engaged But what happens if judiciary. Terms of Engagement judges operate under a system —GEORGE F. WILL brings into sharp focus the in which one side always has a presumption in its favor so that judges urgency of our mission.
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