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October 2013

Volume 22 Issue 5 Inside This Issue

Sacramento Sign Police Target Small Business

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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 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.

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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.

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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. Courts must fulfill their role as enforcers of take themselves out of the business of evaluating evidence and con- the Constitution. They must be the “bulwarks of liberty” envisioned sistently rule in favor of that one side? And what does it mean if that by Madison. They must, as Hamilton wrote, keep Congress within presumption affects not just run-of-the-mill cases, but rather the consti- the limits assigned by the Constitution. And when the legislative or tutional rights of all Americans? Indeed, what if judges fully abdicate executive branches exceed their limited and enumerated powers, the their responsibilities and routinely rubberstamp government actions judiciary must strike these acts down. without regard to the facts or constitutional provisions designed to limit As you read Terms of Engagement, you’ll see why the stakes government? are so high and the need for judicial engagement so These are not hypothetical questions. To the contrary, they are pressing.u questions that go to the heart of constitutional law today. That is why the new book, Terms of Engagement, by IJ Senior Chip Mellor is the Institute’s president and general counsel. Attorney Clark Neily is so important. It answers these questions and makes a passionate and intellectually compelling case for an engaged

4 October 2013

Giving THE GIFT OF LIBERTY 5 What if you aren’t eligible New Options with Your Retirement Accounts to make a current IRA gift?

Retirement assets are also excellent By Melanie Hildreth options as planned gifts. Naming IJ as a beneficiary of these accounts allows you to As you think about your support for IJ this year, you may want to consider a make a gift without the need to change an gift from your retirement account thanks to a special provision in the tax code. existing will or other financial plans. And When Congress passed new tax legislation in January in response to the these gifts offer flexibility because they can so-called fiscal cliff, they extended a provision that allows donors to make tax- be revoked if your plans or circumstances free gifts from individual retirement accounts (IRAs). This is good news if you change. are interested in making a current charitable gift from your retirement assets but Because of the unfavorable tax conse- have been discouraged from doing so by the income tax penalty. quences of leaving tax-deferred accounts The updated provision is effective through the 2013 tax year only—that (like many retirement plans) to non-spousal means between now and December 31, 2013, you can help IJ and make a gift beneficiaries, these assets can be particularly from what can be one of your most tax-burdensome assets. good candidates for charitable giving. For If you are age 70½ or older, you can transfer up to $100,000 tax-free to quali- example, when you name a child as the fied charitable organizations like the Institute for Justice. A few things to consider: beneficiary of a retirement account, the • Distributions must be made directly from a traditional or Roth IRA. Assets account may be subject to estate taxation. in a 401(k) or 403(b) must first be rolled into an IRA. On top of that, your child may have to • Donations must be outright gifts. Gifts to donor advised funds, trusts, chari- pay income tax on the distribution of plan table gift annuities and other planned gifts do not qualify. assets. As a charitable gift, however, the • While you cannot claim a charitable deduction for IRA gifts, you will not be full amount goes to IJ and our fight for lib- required to pay federal income tax on any amounts you distribute to qualified erty. charities. Like IRA rollover gifts, these gifts are If you would like to make such a gift, simply contact your IRA provider and easy to make. Simply contact your plan instruct them to make a direct charitable contribution from your account payable administrator and ask for a beneficiary to the Institute for Justice, Tax ID# 52-1744337, at 901 North Glebe Road, Suite designation form. Naming IJ as a primary 900, Arlington, VA 22203. If you would like a sample letter to send to your pro- or partial beneficiary of your retirement vider we would be happy to provide one. Simply contact me at [email protected] account qualifies you for membership in or (703) 682-9320 ext. 222. our Four Pillars Society, which recognizes Please note that IRA administrators don’t always include the donor’s name friends and supporters who have made a on distribution checks. If you decide to make a gift to IJ from your IRA, please commitment to defending and preserving let us know so that we can identify your gift and thank you liberty through their estate plans. properly.u If you have questions or would like more information, or if you already have Melanie Hildreth is the Institute’s director of development. included IJ in your plans, please let us know. Doing so allows us the opportunity to express our appreciation for your sup- port, which makes all our work possible.u

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Putting the Pieces of IJ’s Occupational Speech Initiative Together:

Philadelphia 2008: IJ senior attorney Bob McNamara at IJ’s first occupational licensing case representing tour guides.

By Jeff Rowes IJ pioneered occupational speech early design licensing laws. We did not prevail in Legal entrepreneurship is at the core on with cases against the Commodities that case because the Court of Appeals con- of IJ’s success. We identify aspects of the Futures Trading Commission over its regula- cluded that speech from a professional to a Constitution under siege and formulate strate- tion of an investment newsletter, against client, even if just interior design advice, was gic litigation to vindicate not only our clients’ New Orleans for prohibiting book vendors, outside the scope of the First Amendment. rights, but the rights of all Americans. and against New Hampshire for regulat- That decision was disheartening, but it only Our occupational speech cases have ing for-sale-by-owner real estate websites. solidified our resolve to ensure constitutional been a textbook exercise in IJ legal entrepre- Victories in those cases made it clear that protection for occupational speech. neurship. Traditionally, our economic liberty occupational licensing laws could not be The Supreme Court issued two game practice has focused on clients who do things used to silence speech to the general public. changing opinions in 2010 and 2011. In the for a living, such as African braiders or casket- But what about occupational speech that is first, Holder v. Humanitarian Law Project, the making monks. But there are occupations in directed at specific people, not just the gen- Supreme Court ruled that legal advice to for- which speaking, not doing, is the key compo- eral public? eign terrorists was a form of speech protected nent. The law, for example, is the quintessen- IJ Senior Attorney Bob McNamara set by the First Amendment. In the second tial speaking occupation. out to answer that unresolved question in decision, U.S. v. Stevens, the Supreme Court As longtime IJ supporters know, govern- 2008 with a challenge to a Philadelphia law reaffirmed that only certain historically disfa- ment is too large and too often irrational that required tour guides to have a license to vored categories of speech—such as criminal because the U.S. Supreme Court pays little talk about American history. Unfortunately, conspiracy or fraud—are to be treated as out- attention to constitutional protections for what the courts did not reach a final decision side the First Amendment. Together, these we do for a living. Yet, at the same time, the because Philadelphia confessed to being too decisions strongly implied that occupational free speech clause of the First Amendment— broke to enforce its law. Undeterred, Bob speech is protected by the First Amendment, unlike our economic liberties—is an area of the brought a similar challenge in Washington, and that the decision in the Florida interior Constitution that the Supreme Court has not D.C., and Matt Miller, executive director of IJ design case was wrong. neglected. And herein lies the puzzle: Does Texas, is now heading up a tour guide case To capitalize on these Supreme Court the government’s broad discretion to regulate in New Orleans. decisions, Paul convened a strategy meet- what people do for a living apply to people In 2009, IJ Senior Attorneys Clark ing in October 2011 to launch a multi-case who speak for a living? In other words, does Neily and Paul Sherman launched a First initiative on occupational speech, and, in occupational licensing trump free speech? Amendment challenge to Florida’s interior particular, speech involving advice from a

IJ client Steve Cooksey was shut down for giving free diet advice online. 66 October 2013

Philadelphia 2008: IJ senior attorney Bob McNamara at IJ’s first occupational licensing case representing tour guides.

professional to a client. That led to a con- certed client search that resulted in our case John Rosemond joined with IJ attorneys Jeff Rowes and Paul Sherman to fight back in federal representing a diabetic North Carolina blogger court. His First Amendment lawsuit defends and freedom of the press from govern- ment officials who believe it can be a crime in America to express an opinion in the newspaper. who was shut down by the state for giving free dietary advice over the Internet. The publicity Advice Censorship continued from page 1 sion on the grounds that Phil McGraw isn’t from that case led to Dr. Ron Hines, the Texas not comply, the letter threatened him with legal licensed in Kentucky. veterinarian who was forbidden by the state action, which could include up to six months Unfortunately, as readers of Liberty & from giving veterinary advice over the Internet. in jail and $500 Law know, We brought his case earlier this year. in fines per viola- what is hap- The North Carolina blogger case also led tion. pening in us to John Rosemond, the nationally syndi- After 37 Kentucky is cated advice columnist. As described by Paul years of writing not an isolated in this issue’s cover story, we launched John’s his column, John incident. IJ is case in July. was not about currently liti- Our occupational speech cases have to back down. gating similar brought together our economic liberty and First He joined with occupational- Amendment work on a cutting-edge issue. We the Institute for speech cases have catapulted occupational speech to the Justice, and on in Louisiana, forefront of the national constitutional debate July 16 we filed a law- Watch the video “Newspaper Censorship in America: North Carolina, Is this Celebrated Advice Columnist a Criminal?” at and we have multiple cases in multiple juris- suit in federal court in ij.org/KYPsychSpeechVid. Texas and dictions, any one of which could be destined Kentucky to vindicate Washington, D.C. for the Supreme Court. Now that is something John’s First Amendment rights. It is no exaggeration to say that occupational- to talk about.u The board’s actions violate the First licensing boards are the new censors; they Amendment in two distinct ways. First, the are aggressive, and they do not think the First Jeff Rowes is an advice that John gives in his column is fully Amendment applies to them. IJ senior attorney. protected by the First Amendment. The gov- IJ is working to change that, and we have ernment has no power to grant any privileged already scored an early victory in the Kentucky class of people a monopoly on parenting advice. case. In the face of overwhelming media criti- Everyone is entitled to express their opinion on cism of the board’s actions, the board agreed how best to raise children (and as anyone with to a preliminary injunction that allows John to children can tell you, everyone does). continue publishing his column without fear Second, John’s description of himself of criminal punishment while his case moves as a “psychologist” is also fully protected by forward. With that victory under our belt, we the First Amendment. The reason is simple: look forward to securing a final victory that will John is a psychologist. He is licensed by the allow John to keep writing his column—and state of North Carolina as a psychological his readers to keep enjoying associate, and under North Carolina law he it—for many years to come.u is permitted to describe himself as a psy- chologist. Kentucky can no more ban John Paul Sherman is an Rosemond from calling himself a psychologist IJ senior attorney. IJ client Ron Hines was forbidden from giv- than it could ban the Dr. Phil show from televi- ing veterinarian advice online. 7 &LAW

IJ Florida Chapter Executive Director Justin Pearson speaks at the launch of IJ’s lawsuit challenging the Hillsborough County Public Transportation Commission’s requirement that all limo rides in the region cost at least $50, even if drivers want to charge less. IJ Takes on the Tampa Price Control Police: Fighting for the Right to Give Your Customers a Good Deal

By Justin Pearson happily accept Tom’s offers, if only the govern- Florida Constitution protects the right to eco- ment would get out of the way. nomic liberty, and the Florida Supreme Court IJ client Tom Halsnik has worked hard to This is why Tom, Kenrick and Daniel has shown a willingness to strike down laws that grow his car service business over the years. joined with IJ to file a constitutional lawsuit in interfere with the right of consumers to bargain He has learned what works, and what doesn’t, Hillsborough County Circuit Court on August 28. for lower prices. In this case, we will show and he knows that his business would be best We are asking the court to find that the PTC’s that these protections are just as applicable to served by charging his customers less. the transportation industry as they are to Unfortunately for Tom and his Florida’s other industries. customers, they live in Tampa, Fla., After all, it is consumers and entrepre- where the Hillsborough County Public neurs—not the government—who should Transportation Commission (the “PTC”) decide how much a ride from a car service has said that what Tom wants to do is should cost. Government-imposed mini- against the law. The PTC was created, mum-fare rules do not help consumers. All ironically, to protect Tampa’s transporta- they do is increase costs, stifle innovation tion customers. Instead, it is trying to and protect industry insiders from competi- protect consumers from low prices. tion—hardly a wise or constitutional use of Specifically, the PTC requires all government power. sedan and limousine drivers to charge With IJ’s help, Tom will be able to grow Watch the video “Gov’t Forces Businesses to at least $50 per ride, no matter how short the Overcharge Customers” at ij.org/TampaFaresVid. his business by offering better deals. And ride, even when the driver wants to charge less. customers like Kenrick and Daniel will be able If Tom even attempts to offer a better value to minimum fare rule is unconstitutional. Our cli- to hold on to a little more of their his customers and potential customers, he is ents’ demands are simple: Tom wants to offer hard-earned money.u breaking the law. lower prices, and Kenrick and Daniel want to Understandably, IJ clients Kenrick Gleckler accept them. Justin Pearson is the executive director of the IJ Florida chapter. and Daniel Faubion do not want protection from It should not be against the law for busi- low prices when they hire limos. They would nesses to offer their clients a better deal. The

8 October 2013 Building Warriors for Liberty: IJ’s 22nd Annual Law Student Conference a Big Success

By Melissa LoPrestiLaw Student Conference In addition to our traditional sessions about IJ In July, 43 law students from across the pillars, litigation strategies and business areas, country gathered together in downtown D.C. we also debuted two new sessions. Senior for IJ’s 22nd annual law student conference. Attorney Jeff Rowes gave a rousing talk about Our public interest boot camp included the importance of being entrepreneurial in constitutional warriors from 34 different litigating (and winning!) IJ cases. And Senior law schools and an attorney from Sweden’s Attorneys Scott Bullock and Clark Neily joined Centrum for Rättvisa, a European public inter- Attorney Wesley Hottot to answer questions est law firm modeled on IJ. as a panel about how they came to work at IJ Attendees and IJ staffers spent the week- and what it’s like to sue the government. The end immersed in public interest law. Saturday night keynote address was delivered by Chief Judge Frank Shepherd from the Florida Third District Court of Appeal. We were delighted that the judge and his family were IJ Featured Again able to join us, and the students appreciated in Nation’s the opportunity learn about his experiences and speak to him directly. Top PR Textbook Georgetown University Law Center Professor Randy Barnett, the ’s For the second Roger Pilon and George Mason University time, the Institute Professor Todd Zywicki also gave well-received for Justice’s public talks on broader theoretical and philosophical relations work has issues. been featured in After a jam-packed two days, the weekend “The Practice of ended on a high note with our famous client Public Relations,” roundtable. Every year the students talk about the most widely how inspirational it is to hear directly from our used college PR text- clients, and this year was no different. We book in the nation. were grateful that Russ Caswell, Abbot Justin The 12th edition of Brown and Andrea Weck-Robertson joined us the book features the Institute’s work on to share their stories. behalf of cancer patients from across the Information and applications for next nation who successfully fought to allow summer’s conference will be available compensation for bone marrow donors. at www.ij.org/students beginning in The textbook’s author wrote, “The January.u Institute for Justice epitomizes the best of litigation public relations when it pub- Melissa LoPresti is the licized the story of Doreen Flynn, a mom Institute’s management with three young daughters, each of and litigation assistant. whom would need a bone marrow trans- plant to survive.” “This is a huge honor for the Institute for Justice,” said IJ’s Vice President for Communications John Kramer. “We always work to create text- book examples of how litigation and public relations should be done. This feature shows we are achieving what we set out to do.”u

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New Orleans vendors and activists work with the Institute for Justice to secure a legislative victory for economic liberty in the Crescent City. IJ Helps Bring Food Truck Freedom to the Crescent City

By Christina Walsh laws. We co-hosted a symposium to generate What caused this sudden fidelity to the New Orleans is not known as a bastion public support, ran advertisements, secured Constitution? Because of IJ’s outreach to city of economic liberty. IJ has sued the city more media coverage and issued statements to council, the mayor learned about our victory in than once on behalf of would-be entrepreneurs the city council. When our chief opponent another Louisiana case, on behalf of the monks the government blocked from pursuing an hon- claimed “overwhelming” support, we went of Saint Joseph Abbey, and decided to support est living. And now we helped convince the through thousands of pages of documents to economic liberty over protectionism. A bill was Crescent City, outside the courtroom, to reject prove that support for food trucks outweighed introduced on the mayor’s behalf removing the the idea that it can pick winners and losers in opposition by a margin of three-to-one. proximity restriction altogether while expand- the marketplace. The result is a victory that Our foes were formidable, but ultimately ing where food trucks may operate. The bill few could have predicted. passed unanimously. New Orleanians love “But we at IJ love a challenge. For the past ten This victory is a testament food trucks. Yet, despite months, we worked with the New Orleans Food to IJ’s work, both through their enormous popularity, Truck Coalition and the city council president to our National Street Vending food truck entrepreneurs reform the city’s crippling laws.” Initiative and our litigation in in the Crescent City faced Louisiana, as well as a testa- some of the worst laws in the nation. They the council passed a bill we considered a ment to the dedication of activists on the could not operate within 600 feet of brick-and- modest success. Although it would have ground. We will continue to advocate in the mortar restaurants, had to move every 45 min- made the environment friendlier for food courts of law and at the grassroots to push utes, and were banned entirely from the Central trucks, it still included a 200-foot proximity back against assaults on economic liberty.u Business District and French Quarter. These ban. regulations, in addition to others, made operat- Then we received word that Mayor Christina Walsh is the Institute’s director of activism and coalitions. ing a successful food truck nearly impossible. Landrieu vetoed the bill. At first we thought But we at IJ love a challenge. For the the forces of protectionism were at play. But past ten months, we worked with the New much to our delight, the mayor vetoed the leg- Orleans Food Truck Coalition and the city islation over concerns that the proximity ban council president to reform these crippling was unconstitutional.

10 October 2013

Volume 22 Issue 5

About the publication Liberty & Law is published bimonthly by the Institute for Justice, which, through strategic Quotable Quotes litigation, training, communication, activism and research, advances a rule of law under which individuals can control their destinies KXTV News as free and responsible members of society. (ABC Sacramento) IJ litigates to secure economic liberty, school choice, private property rights, freedom of “The First Amendment doesn’t allow the gov- speech and other vital individual liberties, ernment to distinguish among speakers and and to restore constitutional limits on the it doesn’t allow the government to distinguish power of government. In addition, IJ trains among content. Unfortunately, that’s exactly law students, lawyers and policy activists in what the city of Sacramento is doing.” the tactics of public interest litigation.

Through these activities, IJ challenges the ideology of the welfare state and illustrates and extends the benefits of freedom to those whose full enjoyment of liberty is denied by ABCNews.com government. “‘If John Rosemond is a criminal for writing his column, then ‘Dear Abby,’ has been on a 50-year crime spree,’ Jeff Rowes, a senior attorney at the Institute of Justice who Editors: John E. Kramer is representing Rosemond, told ABC News, referring to the well-known advice column Bob Ewing that runs nationwide, including in Kentucky. ‘Dr. Phil, Dr. Oz, all of them would be Layout & Design: Don Wilson crooks.’”

How to reach us: Washington Post Institute for Justice 901 N. Glebe Road on IJ: “The leading libertarian public-interest law firm, the Institute Suite 900 for Justice, which has argued Supreme Court cases for free speech and against Arlington, VA 22203 eminent-domain abuse, got its start defending African American hair-braiders in Washington from licensing laws that shut down home businesses.” General Information . . . (703) 682-9320

Extensions: The New Yorker Donations ...... 233 “‘There’s this myth that they’re cracking down on drug cartels and kingpins,’ Lee Media ...... 205 McGrath, of the Institute for Justice, who recently co-wrote a paper on Georgia’s aggressive use of forfeiture, says. ‘In reality, it’s small amounts, where people aren’t Website: www.ij.org entitled to a public defender, and can’t afford a lawyer, and the only rational response E-mail: [email protected] is to walk away from your property, because of the infeasibility of getting your money Donate: www.ij.org/donate back.’”

Thefacebook.com/instituteforjustice National Law Firm for Weekly Standard youtube.com/instituteforjusticeLIBERTY twitter.com/ij “A recent report from the libertarian Institute for Justice shows that state licensing laws force workers who aspire to ply an array of moderate-skill trades to spend an average of nine extra months in schools that prepare them for licensing exams, paying hundreds of dollars in fees along the way. Such hurdles place a disproportionate bur- den on those of limited means.”

11 “[T]he Institute for Institute for Justice NON-PROFIT ORG. 901 N. Glebe Road U.S. POSTAGE Suite 900 PAID Arlington, VA 22203 INSTITUTE FOR Justice . . . works JUSTICE with amazing effectiveness for

‘jobs and justice.’”

—Don Boudreaux Cafehayek.com

Indiana’s new school choice program is helping me provide my kids with an excellent education. The teachers’ unions sued to shut the program down. But I fought back to protect school choice. And I won. I am IJ.

Heather Coffy Institute for Justice Indianapolis, IN www.IJ.org School choice litigation