A federal lawsuit has been filed challenging the free speech rights of solicitation by contractors and public adjusters.1 We have discussed this topic before in Public Adjusters Win Free Speech Rights and Ability to Promptly Help Policyholders, and History Repeats Itself When Public Adjusters Win Free Speech Rights.

Based on prior decisions, it would appear the federal lawsuit filed in Rhode Island has a very good chance of prevailing. A legitimate state concern is preventing third-parties from interfering with fire scenes while evidence is being gathered by the State Fire Marshal. However, the law goes far beyond that and prevents solicitation even if the solicitation does not involve changing or possibility damaging evidence at a fire scene.

Thought For The Day

It is a paradox that every dictator has climbed to power on the ladder of free speech. Immediately on attaining power each dictator has suppressed all free speech except his own.
—Herbert Hoover
1 L’Europa v. Rhode Island Division of State Fire Marshal, No. 1:17-cv-430 (D.R.I. – Complaint filed Sept. 18, 2017).