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Modification: So. California Gas Co. v. Public Utilities Commission
Governmental entity's discovery requests that sought all sources of funding for company's lobbying activities were not narrowly tailored to avoid unnecessary interference with constitutionally protected activities.
Constitutional Law 2DCA/1 Feb. 7, 2023
In re K.C.
Probation condition preventing minor from engaging in any unconsented sexual touching was not unconstitutionally vague since it provided a fair warning of the prohibited conduct.
Constitutional Law 2DCA/6 Jan. 25, 2023
U.S. v. Lillard
Defendant's Sixth Amendment right to counsel of choice was not violated when the Government seized funds in his untainted inmate trust account pursuant to a valid restitution order.
Constitutional Law 9th Jan. 18, 2023
So. California Gas Co. v. Public Utilities Commission
Governmental entity's discovery requests that sought all sources of funding for company's lobbying activities were not narrowly tailored to avoid unnecessary interference with constitutionally protected activities.
Constitutional Law 2DCA/1 Jan. 10, 2023
Dominguez v. Bonta
Plaintiffs lacked standing because the alleged injuries suffered as a result of the challenged laws affecting legal fees for professional negligence claims were too speculative and hypothetical.
Constitutional Law 5DCA Jan. 10, 2023
County of Santa Clara v. Superior Court (AT&T Mobility)
Higher property tax rates assessed on utilities were not violations of Article XIII, Section 19 of the California Constitution.
Constitutional Law 6DCA Jan. 10, 2023
Lathus v. City of Huntington Beach
The First Amendment does not protect a volunteer member of a municipal advisory board from dismissal by the city councilperson who appointed her and who is authorized under a city ordinance to remove her.
Constitutional Law 9th Jan. 6, 2023
Jones v. Google LLC
Express preemption did not apply to children's claims because Congress intended to preempt inconsistent state laws, not state laws that are consistent with the Children's Online Privacy Protection Act's substantive requirements.
Constitutional Law 9th Dec. 29, 2022
Chen v. Albany School District
Student's off-campus social media posts bore sufficient nexus to school to warrant the school district's use of its regulatory authority to discipline student by expelling him.
Constitutional Law 9th Dec. 28, 2022
Doe v. Finke
Plaintiff's equal protection challenge to law excluding registered sex offenders from serving on juries was denied because the law was reasonably related to promoting legitimate goal of assuring impartial juries.
Constitutional Law 1DCA/2 Dec. 23, 2022
Amended Opinion: Twitter v. Paxton
A case was not prudentially ripe because the attorney general was still in the process of investigating and had not even decided whether to pursue claims.
Constitutional Law 9th Dec. 15, 2022
Waln v. Dysart School District
Plaintiff alleged sufficient facts to assert that school district selectively enforced policy to permit students to wear secular messages on their graduation caps while forbidding students to wear religious messages on their caps.
Constitutional Law 9th Dec. 12, 2022
Gearing v. City of Half Moon Bay
Because the actions involved different injuries, property owners' federal case arguing regulatory taking was properly abstained pending resolution of city's eminent domain action in state court.
Constitutional Law 9th Dec. 9, 2022
Clark v. Weber
California Constitution's recall restrictions, disallowing voter from voting for possibly-recalled Governor Newsom, did not violate due process and equal protection rights.
Constitutional Law 9th Nov. 30, 2022
People v. Cannon
Defendants facing commitment under the Sexually Violent Predator Act are similarly situated to other involuntary committees for the purposes of right-to-jury-trial advisements.
Constitutional Law 1DCA/5 Nov. 30, 2022
Rodriguez Diaz v. Merrick Garland, et al
The Due Process Clause did not entitle an alien to a second bond hearing.
Constitutional Law 9th Nov. 22, 2022
Hobbs v. City of Pacific Grove
City ordinance mandating a randomized lottery system to revoke short-term rental licenses did not violate procedural due process because it was a legislative action that involved no discretion or judgment.
Constitutional Law 6DCA Nov. 16, 2022
Green v. Miss United States of America LLC
Forcing a beauty pageant to accept a transgender female as a participant would fundamentally alter the pageant's expressive message in direct violation of the First Amendment's protection against compelled speech.
Constitutional Law 9th Nov. 3, 2022
Verdun v. City of San Diego
Under the administrative search exception, tire chalking is not a Fourth Amendment violation and consequently, municipalities are not required to obtain warrants prior to chalking tires.
Constitutional Law 9th Oct. 27, 2022
Planned Parenthood Federation of America v. Center for Medical Progress
Pro-life activists could not use the First Amendment to shield themselves when they used illegal means to pursue their investigative story against Planned Parenthood.
Constitutional Law 9th Oct. 24, 2022
Mendoza v. Strickler
Oregon's system of suspending the driver's licenses of persons who fail to pay fines did not punish indigent individuals solely on the basis of their poverty.
Constitutional Law 9th Oct. 13, 2022
Johnson v. City of Grants Pass
Under the Eight Amendment's Cruel and Unusual Punishment Clause, homeless individuals may not be prosecuted for protecting themselves against the elements.
Constitutional Law 9th Sep. 29, 2022
The GEO Group v. Newsom
Because Assembly Bill 32 granted virtual power of review to California in regards to privately-operated immigration detention facilities, it violated the Supremacy Clause.
Constitutional Law 9th Sep. 27, 2022
Spirit of Aloha Temple v. County of Maui
Maui's special use permit guidelines were a prior restraint on church's speech because they gave too much discretion to decisionmaking officials.
Constitutional Law 9th Sep. 23, 2022
Wright v. SEIU Local 503
Plaintiff lacked standing to pursue her claims for prospective relief because her fear of future unauthorized dues deductions by union was too speculative to confer standing for her First Amendment claim.
Constitutional Law 9th Sep. 20, 2022
Ochoa v. Public Consulting Group
The alleged injury of withholding portions of plaintiff's paycheck to pay for union dues did not rise to the level of an affirmative abuse of power under the Fourteenth Amendment.
Constitutional Law 9th Sep. 20, 2022
Nexus Pharmaceuticals v. Central Admixture Pharmacy
Pharmaceutical company's state law claims were barred under the implied preemption doctrine because they were contrary to the Food, Drug, and Cosmetic Act's exclusive enforcement provision.
Constitutional Law 9th Sep. 14, 2022
People v. Salvador
Probation condition limiting defendant's access to the Internet without prior consent from his probation officer for purposes of limiting his sexual contact with minors was constitutionally overbroad.
Constitutional Law 6DCA Sep. 13, 2022
Modification: People v. Calvary Chapel San Jose
Pandemic public health orders placing limitations on churches, but not secular businesses, did not survive the Free Exercise Clause's strict scrutiny review and therefore were unconstitutional.
Constitutional Law 6DCA Sep. 9, 2022
Patsalis v. Shinn
Arizona Court of Appeals decision was entitled to deferential Anti-Terrorism and Effective Death Penalty Act review because petitioner's Eight Amendment claims were adjudicated on the merits.
Constitutional Law 9th Sep. 7, 2022