First Amendment

As the caption of the U.S. Court of Appeals for the Eighth Circuit’s opinion in People for the Ethical Treatment of Animals, Inc. v. Reynolds, No. 25-1750 (Apr. 23, 2026), might indicate, this is a case about animal-rights activists coming onto property to video the goings-on.

Iowa had already criminalized certain trespasses: entering or

Here’s a just-filed cert petition, which poses a question that has been around since at least 1980: when third parties enter private property under color of state law against the wishes of the owner, is this a taking? That’s right, the issue decided by the U.S. Supreme Court in PruneYard Shopping Center v. Robins, 447 U.S. 74 (1980). (And yes, the above photo is from a visit to The Pruneyard shopping center in Campbell, California a while back.)
Continue Reading New Cert Petition: Time For PruneYard To Go

Here’s our annual missive on why today (this year, Friday, April 3, 2026), the doors to most Hawaii state, county, and city offices are locked. What’s so special about this Friday? Well, this is the day Hawaii celebrates Good Friday. Yes, Good Friday is an an official state-sanctioned holiday in the 808 area code. How did it come to be that the State commemorates the date of the crucifixion, and how does that square with the Establishment Clause of the First Amendment.
Continue Reading Today Is Hawaii’s Secular Good Friday State Holiday – What’s Up With That?