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In Uzuegbunam, the Supreme Court validates nominal damages as a means of protecting constitutional rights

Thanks to the Supreme Court’s March 8, 2021, ruling in Uzuegbunam v. Preczewski, No. 19-968, that a claim for nominal damages is enough to maintain standing, plaintiffs’ ability to seek vindication in court for infringement of speech rights is secure, even where the plaintiff cannot prove monetary harm. As Casey Mattox and I recently wrote…

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Americans for Prosperity Foundation and yes. every kid. file brief in Supreme Court educational freedom case

Every kid needs and deserves a quality education — one that provides them with essential skills and helps them find and develop their talents and interests. Our nation’s education system should be flexible and responsive enough to support students as they identify the subjects and practices that engage them and drive their passion. That’s the…

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Narrow question in Supreme Court campus speech case has broad First Amendment implications

The Supreme Court hears oral argument today in Uzuegbunam v. Preczewski, addressing whether “a government’s post-filing change of an unconstitutional policy moots nominal-damages claims that vindicate the government’s past, completed violation of a plaintiff’s constitutional right.” Translation? The justices are deciding whether people whose rights have been violated should have their day in court even…

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SCOTUS has chance to clarify the muddy waters of takings jurisprudence in Cedar Point v. Hassid

From before the founding, the “fundamental maxims of a free government [have] seem[ed] to require, that the rights of personal liberty and private property should be held sacred.” The Takings Clause of the Fifth Amendment exists to protect those sacred rights from unfettered state appropriation by requiring: first, that any taking of private property be…

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Supreme Court should protect citizens’ rights to freely access U.S. waters

When Jim and Cliff Courtney sought to offer private boat transportation so customers could conveniently access their businesses — including Stehekin Valley Ranch, with cabins and a lodge house in the Lake Chelan National Recreation Area — the state of Washington denied their right to do so unless the Courtneys could prove the existing ferry…

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AFP Urges Administration to Hold Agencies Accountable for Helping Small Businesses

Arlington, Va. – Americans for Prosperity (AFP) and a coalition of 20 partner organizations issued a letter to Russell Vought, the Director of the Office of Management and Budget (OMB), urging him to hold agencies accountable for reporting how they treat small businesses fairly. A year ago, the President issued Executive Order 13892, “Promoting the…

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AFP Leads Coalition Calling for Agencies to Post Guidance Documents in Online Portal

Arlington, Va. – Americans for Prosperity (AFP) and a coalition of 24 partner organizations issued a letter to Administrator Paul Ray, the head of the White House Office of Information and Regulatory Affairs, urging him to continue to hold agencies accountable for the implementation of Executive Order 13891, “Promoting the Rule of Law Through Improved…

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