May the city of New Orleans subject local tour guides to hundreds of dollars in fines and five months in jail for engaging in unauthorized talking?

This is the question the Institute for Justice (IJ) seeks to answer in a federal lawsuit filed on December 13 in the U.S. District Court for the Eastern District of Louisiana.  Four New Orleans tour guides are joining forces with IJ to strike down New Orleans’ tour guide licensing scheme as a violation of their fundamental constitutional rights:

According to First Amendment expert Matt Miller of the Institute for Justice, seen the above video:

The government cannot be in the business of deciding who may speak and who may not.  The Constitution protects your right to communicate for a living, whether you are a journalist, a musician or a tour guide.

New Orleans requires every tour guide to pass a history exam, undergo a drug test and pass an FBI criminal background check every two years merely for speaking.  People who give tours without a license face fines up to $300 per occurrence and five months in jail.

City officials are currently breaking up tours led by guides that don’t have the government’s permission.

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The Institute for Justice has been vindicating the rights of entrepreneurs for the last twenty years.

Across the country, IJ has teamed up with casket makers, florists, hairbraiders, horse teeth-floaters, interior designers, sign-hangers, taxi-drivers, trash haulers, vintners and numerous other Americans to secure their basic right to earn an honest living.

This week, we are proud to announce a new, nationwide effort in our fight for economic liberty:  Our National Street Vending Initiative.

From coast to coast, we will team up with mobile food vending entrepreneurs whenever their rights come under attack, filing lawsuits and engaging in grassroots activism and media efforts.

In conjunction with the launch of this initiative, we have filed a major federal lawsuit against the city of El Paso Texas:

For thousands of years, vending has been a way for entrepreneurs to provide for themselves and their families.  In the United States, this ancient trade is more popular than ever.  By 2007, over 760,000 vending businesses were operating in the country.  And consumers love them, so they continue to grow.

The Economist magazine predicted that in 2011 food vendors would create “[t]he biggest shift in America’s culinary landscape” and that “some of the best food Americans eat may come from a food truck.”

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…At least according to the Center for American Progress’ Matt Miller.

Last night, Big Government Editor-in-Chief Mike Flynn was on CNBC’s “Kudlow Report” along with Miller, who is also a columnist and talk show host, to discuss the potential economic impact of ObamaCare and it’s various provisions:

Kudlow first asked the guests whether or not Obama is attempting to buy support from senior citizens by extending them multiple billions in bonus dollars.

Compare and contrast:

From Mike Flynn’s opening line: “It’s like we’ve turned into Venezuela.  We’re just gonna pick voting blocks and send them checks.”

From Matt Miller of Center for American Progress’ opening line: “What do you guys have against senior citizens?” (more…)