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Unconstitutional Condition Appellate Courts

McDermott Will & Schulte

Fourth Circuit strikes down Maryland’s digital ad tax “pass-through” ban

Maryland’s attempt to stop businesses from telling customers about a controversial tax has hit a constitutional wall. On August 15, 2025, the US Court of Appeals for the Fourth Circuit ruled that the state’s “pass-through”...more

Husch Blackwell LLP

Ninth Circuit Issues Opinion on Constitutionality of California’s AADC

Husch Blackwell LLP on

Keypoint: The appellate court ruled that the California Age-Appropriate Design Code Act’s impact assessment provision is unconstitutional and remanded the case back to the trial court to consider the constitutionality of the...more

Lippes Mathias LLP

State Appellate Court Finds New York State Ethics and Lobbying Agency Unconstitutional

Lippes Mathias LLP on

A unanimous decision affirming a lower court finding has thrown New York ethics and lobbying regulation into uncharted waters. The factual backdrop of the mid-level appellate Court’s ruling was based on litigation filed...more

Paul Hastings LLP

Supreme Court Holds That First Amendment Free Speech Right Trumps State Antidiscrimination Law

Paul Hastings LLP on

On June 30, 2023, the U.S. Supreme Court issued its decision in 303 Creative LLC v. Elenis. In a 6-3 opinion, the Supreme Court held that the First Amendment prohibits Colorado from compelling a website designer to engage in...more

Perkins Coie

Requirement That Proposed Development Mitigate Cumulative Traffic Impacts Violated Nollan/Dolan Standard

Perkins Coie on

An initiative measure that required new development to mitigate not only its individual traffic impacts but also cumulative impacts of other projects on traffic levels of service violated the rough-proportionality standard of...more

Roetzel & Andress

SERB’s Picketing Restrictions Ruled Unconstitutional

Roetzel & Andress on

On the final day of 2020, the Eleventh District Court of Appeals (Portage County), held that an Ohio law which restricted the picketing of private homes and private offices of public officials was unconstitutional under both...more

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