Federal Court STRIKES DOWN California Gun Law! Cali Targeting 2nd amendment Loses on 1st Amendment

Fed Court STRIKES DOWN California Gun Law! Cali Targeting 2nd amendment Loses on 1st AmendmentShow more

Sometimes, the 1st amendment gets wrapped into the battle for the 2nd amendment and today we are discussing a major ruling about one of those times. The place: California, where else. The law: one that sought to effectively ban most forms of firearm advertising by creating a backdoor that if anything appeals to minors, it was illegal. And the court who struck this down as unconstitutional: California's own 9th circuit.

Link to Case JUNIOR SPORTS MAGAZINES INC. v. Bonta https://cdn.ca9.uscourts.gov/datastore/opinions/2023/09/13/22-56090.pdf

At least in the context of commercial advertising, if a disclosure requirement is (1) limited to “purely factual and uncontroversial information,” (2) about the product or service offered by the speaker, then a court will likely uphold the requirement so long as it is (3) “reasonably related” to an adequate government interest, such as preventing consumer deception, and (4) not “unjustified or unduly burdensome.” Zauderer v. Off. of Disciplinary Couns., 471 U.S. 626, 651 (1985).

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Contents of this video:

0:00 - Intro
1:10 - The law and what Happened
1:53 - California Business and Professions Code
4:42 - Applying Intermediate Scrutiny
6:48 - Intermediate Scrutiny and Free Speech
8:55 - Five types of Speech
11:19 - Final Thoughts
13:11 - Quote of the Day

Attorney Tom Grieve is a former state criminal prosecutor from Wisconsin before eventually founding what is now the state's largest criminal defense firm at more than 20 attorneys. In 2019 the firm expanded into family law and added a dedicated team of professionals to further serve clients with similar aggressive and proven strategies.

Beyond the courtroom, Tom has been interviewed and appeared in numerous media outlets, ranging from the New York Times, CourtTV, Fox News, Reuters, Washington Post, National Public Radio, Milwaukee Journal-Sentinel, among many others. He is a frequent Continuing Legal Education course speaker to teach lawyers and judges in developments and the law, both in Wisconsin and nationally. Finally, Tom has also presented across the country, both online and in person, concerning the law and culture to the public.

In addition to speaking engagements, Tom has also contributed to the national conversation in writing on emerging legal topics and has been published in Conceal Carry Magazine and elsewhere on multiple occasions. He also edited the book and contributed legal input on various other publications, including the "Wisconsin Guide for Armed Citizens" on behalf of the National Association of Certified Firearm Instructors.

Tom Grieve is recognized among the top Wisconsin and Milwaukee area lawyers. Recently named once again as a top Wisconsin criminal defense attorney, Tom was inducted into the “Wisconsin Rising Star” category by Super Lawyers (a nationally acclaimed attorney rating organization). He was also chosen as a "Top 100 Trial Lawyers" in Wisconsin by the National Trial Lawyers Association. Tom was also chosen for the "Top Attorneys of Wisconsin" by both Milwaukee Magazine and Madison Magazine.

To learn more, check out his law firm's website a www.GrieveLaw.com

Legal Disclaimer: nothing in this video is offered as legal advice or a formation of attorney-client relationship. If you want to hire my firm to be a client, you need to do just that and hire us... not watch us on the internet. If that offends your delicate sensibilities, just stop and be an adult. If you are outside of Wisconsin and want an attorney, contact one near where you are and stop trying to blame the internet and other people for your problems. This video is for educational purposes only and any clips or images shown are under fair use.

#2ndamendment #1st amendment #californiagunlaw