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First Amendment

Employment matters and the religious leader: The Lutheran Church Missouri Synod and the Civil Court

  • June 13, 2016
  • by Daniel P. Dalton

A recent Michigan Court of Appeals decision addressed the thorny issue of how to remove a pastor from a church.  As noted in, Richard P. Hillenbrand v. Christ Lutheran Church of Birch Run, an unpublished opinion of the Michigan Court of Appeals, (2015), the decision is denominationally […]

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Dan Dalton and Larry Opalewski Speak on Sign Regulation at Michigan Municipal League Capital Conference

  • March 28, 2016
  • by Lawrence Opalewski

On March 22, 2016, Dan Dalton and Larry Opalewski spoke at the Michigan Municipal League’s Capital Conference. The topic of the presentation was the Supreme Court’s recent decision in Reed v. Town of Gilbert and its impact on municipal sign ordinances. Patrick Sloan of McKenna […]

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Are On-Premises and Off-Premises Distinctions Unconstitutional?

  • March 7, 2016
  • by Lawrence Opalewski

Under a recent federal court ruling, an ordinance distinguishing between on-premises and off-premises billboards is subject to strict scrutiny. While this is not the majority rule yet, this ruling has the potential to impact thousands of ordinances across the country. Last year, the Supreme Court […]

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Does the First Amendment Protect You From the Government’s Intent to Retaliate?

  • February 8, 2016
  • by Lawrence Opalewski

Most Americans believe that the First Amendment protects our free speech from government retaliation. And in most cases that belief is generally true. But sometimes cases with strange facts have the potential to produce strange decisions. For example, in a case where the government demoted […]

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Injunction Against Online Communication Violates First Amendment

  • January 12, 2016
  • by Lawrence Opalewski

Last week, the Florida Court of Appeal struck down an injunction from the trial court which ordered a billionaire businessman to stop posting online about another billionaire businessman. The Court found that the injunction constituted a prior restraint on free speech, and thus could not […]

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Sometimes it takes a letter . . . (to the City Planning Director)

  • December 21, 2015
  • by Daniel P. Dalton

Not every religious land use case requires litigation. Every once in a while, a matter is resolved when a letter is sent to the planning director informing him or her about RLUIPA and its impact on a local government zoning regulations. That occurred this past […]

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New York Court Dismisses First Amendment Challenge to Sign Ordinance

  • December 15, 2015
  • by Lawrence Opalewski

A New York federal district court recently dismissed a First Amendment challenge to a New York City sign ordinance. In Vosse v. City of New York, Plaintiff placed an illuminated peace sign in the window of her seventeenth floor condo in the Upper West Side […]

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Limits on Church Signs Ruled Unconstitutional by Supreme Court

  • June 22, 2015
  • by Admin

Last week, the U.S. Supreme Court issued a significant free speech decision that struck down a local ordinance that regulated signs differently based on the signs’ content. In Reed v. Town of Gilbert, the Court unanimously ruled that an Arizona town violated the First Amendment […]

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The attorneys of Dalton & Tomich, PLC have the experience and the knowledge to work with you to develop a legal solution that helps accomplish your goals. Our collaborative approach has helped leaders like you grow businesses and banks, develop and expand churches, and build nonprofit organizations nationwide.