The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

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Restrictions On Commercial Speech Regarding Alcoholic Beverages To Be Reconsidered Under Strict Judicial Scrutiny In Light Of First Amendment.

March 25, 2016 by

alcoholic beverages and commercial speech laws

During the early 1900s, manufacturers and wholesalers of alcoholic beverages “tied” retailers to them by providing them with loans, reduced rents, free equipment and other means. Such “tied-house” arrangements caused a vast growth of the number of saloons and bars, resulting in various social evils.

Filed Under: Advertising/Billboard Law News, First Amendment Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: § 25503(f), § 25503(g), § 25503(h), 810 F.3d 638, 830 F.2d 957, Business and Professions Code section 25503(f), Business and Professions Code section 25503(g), Business and Professions Code section 25503(h)

Okay For Legislature To Ask The People Of California For An Advisory Opinion.

March 7, 2016 by

california Legislature

In Citizens United v. FEC (2010) 558 U.S. 310 [130 S.Ct. 876, 175 L.Ed.2d 753, 22 Fla. L. Weekly Fed. S. 73], (Citizens United), a divided United States Supreme Court invalidated federal election law restrictions on the political speech of corporations, holding that a speaker’s identity as a corporation, as opposed to natural person, could not […]

Filed Under: California Supreme Court Law News, First Amendment Law News, Legal News, Procedural Law News, Voting Rights Law News Tagged With: 130 S.Ct. 876, 175 L.Ed.2d 753, 196 Cal.Rptr.3d 732, 22 Fla. L. Weekly Fed. S. 73, 363 P.3d 628, 558 U.S. 310, 62 Cal.4th 486

Pork.

September 3, 2015 by

A prison inmate is a Muslim and a member of the Nation of Islam, a religious organization. His religious beliefs forbid him from consuming or handling pork. Prison officials ordered the inmate to cook pork loins as part of his kitchen duties. The Ninth Circuit held prison employees violated the inmate’s clearly established right to […]

Filed Under: Constitutional Law News, Criminal Law News, Discrimination Law News, First Amendment Law News, Law Enforcement Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 791 F.3d 1023

Free Speech: Texas Can Control What Its License Plates Say. 

August 25, 2015 by

free speech

Texas offers automobile owners a choice between ordinary and specialty license plates. Those who want the State to issue a particular specialty plate may propose a plate design, comprising a slogan, a graphic, or both. If the Texas Department of Motor Vehicles approves the design, the State will make it available for display on vehicles […]

Filed Under: First Amendment Law News, Legal News, U.S. Supreme Court Tagged With: 129 S.Ct. 1125, 135 S.Ct. 2239, 172 L.Ed.2d 853, 192 L.Ed.2d 274, 555 U.S. 460

Supreme Court Holds Church May Put Up Temporary Signs To Announce Times And Places Of Its Services.

August 24, 2015 by

freedom of speech

A town has a strict Sign Code, which permits ideological, political and a limited category of directional signs for “qualifying events.” A small, cash-strapped church and its pastor wished to advertise the time and location of their Sunday church services. Services are held in changing locations in or near the town. The church began placing […]

Filed Under: First Amendment Law News, Fourteenth Amendment Law News, Legal News, U.S. Supreme Court Tagged With: 135 S.Ct. 2218, 192 L.Ed.2d 236

Former Football Players Want To Be Paid For The Use Of Their Likenesses In Video Games.

March 26, 2015 by Leave a Comment

video game

Both the trial and appeals courts were called upon to “balance the right of publicity of former professional football players against [a video game company’s] First Amendment right to use their likenesses in its Madden NFL series of video games.” Madden NFL allows video game users to play virtual football games between National Football League […]

Filed Under: First Amendment Law News, Legal News, Ninth Circuit Court of Appeal Law News

Stop Bothering Our Customers.

March 10, 2015 by Leave a Comment

Plaintiff owns an outdoor shopping center with 60 retail stores, and has a policy of prohibiting solicitation of donations on shopping center property. Defendants, who provided evidence they operate youth centers outside the county, were repeatedly soliciting donations on the sidewalk areas immediately adjacent to store entrances. The police refused to intervene, and the shopping […]

Filed Under: Appellate Law News, First Amendment Law News, Legal News

First Amendment Rights Of Sex Offenders Preserved.

February 18, 2015 by Leave a Comment

Under California law, sex offenders have long been required to report their address and a current photograph to law enforcement. Apparently to catch up to the 21st century, the Legislature passed a law requiring sex offenders to also report any and all internet identifiers within 24 hours of acquiring such [Californians Against Sexual Exploitation Act; […]

Filed Under: Civil Rights Law News, Criminal Law News, First Amendment Law News, Legal News, Ninth Circuit Court of Appeal Law News

Stolen Veterans Benefits And Valor.

January 30, 2015 by Leave a Comment

A defendant served in the U.S. Marines a little over a year after the Korean War ended. His discharge document, known as a DD-214, states “N/A” with regard to medals awarded and wounds sustained. More than 40 years later, he filed a claim for Post-Traumatic Stress Disorder [PTSD], claiming he suffered PTSD as a result […]

Filed Under: First Amendment Law News, Legal News, Ninth Circuit Court of Appeal Law News, U.S. Supreme Court

Anti-Slapp Motion Should Have Been Granted.

December 12, 2014 by Leave a Comment

Anti-Slapp

This action is for malicious prosecution. The plaintiff, a City Council member, was criminally prosecuted and acquitted in federal court. In this action, he sues the owner of a strip club who he alleges falsely testified he bribed plaintiff. At the heart of the matter is a city ordinance, referred to as the “no touch” […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, First Amendment Law News, Legal News, Procedural Law News

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Recent News

Don’t Let Wire Fraud Real Estate Scams at Closing Stress You Out: Here’s How You Can Avoid It

January 24, 2023 By Mark Mellor

For years you diligently save up to buy your first house. After months of searching through listings, you finally find your dream home and make an offer that gets accepted. Just days before closing, everything goes smoothly until you get an email from your "real estate agent" … Read More...

Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You

January 18, 2023 By Mark Mellor

Are you struggling to pay your mortgage loan? If so, a loan modification may be an option for you. Loan modification can make your loan more affordable and help you avoid foreclosure. But before applying for a loan modification, it's important to understand what it is, and … Read More...

You’ve Been Involved in an Accident, What Now?: How to Find the Best Car Accident Attorney

January 3, 2023 By Mark Mellor

According to the Bureau of Transportation, around 13 car crashes occur every minute in the U.S. When an accident happens it's important to know what steps to take and how to protect your rights. The most important step you can take is to hire a qualified car accident attorney … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

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