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California › Constitutional Challenges › Free Speech

Franczek P.C.

Federal Appellate Court Finds that School Board President Violated First Amendment in Restricting Followers on Social Media

Franczek P.C. on

The U.S. Court of Appeals for the Ninth Circuit, which governs federal districts in the West/Northwest, recently held that a California school board member violated the First Amendment when blocking users’ ability to access...more

Sheppard Mullin Richter & Hampton LLP

Mandatory Captive Rules in Limbo for California Employers – 2 Federal Lawsuits Challenge SB 399 and Looming Issue Before the NLRB

Sheppard Mullin Richter & Hampton LLP on

As discussed in our recent article, the introduction of SB 399 in California (approved and added as California Labor Code section 1137) sparked significant discussion and concern among California employers with union...more

Proskauer - California Employment Law

Business Groups’ Lawsuit Slams California Ban on “Captive Audience” Meetings

Proskauer - California Employment Law on

As we reported here, California’s Senate Bill (S.B.) 399, took effect on January 1, 2025. This law prohibits employers from requiring employees to attend meetings about the company’s opinions on political or religious...more

Jackson Lewis P.C.

Showdown Over Workplace Speech – Litigation Filed to Enjoin SB 399 Prohibiting Mandatory Meetings During Union Organizing

Jackson Lewis P.C. on

On January 1, 2025, Senate (SB) Bill 399, officially went into effect in California. California joined other states, including Illinois, Connecticut, Hawaii, New York, and Oregon, in enacting statutes that prohibit “captive...more

Nossaman LLP

Public Officials and Social Media Posts: U.S. Supreme Court Provides Guidance on First Amendment Compliance

Nossaman LLP on

In its recent opinions in Linke v. Freed and O’Connor-Ratcliff v. Garnier, the U.S. Supreme Court considered if and when public officials violate the First Amendment rights of members of the public by blocking them from the...more

Carlton Fields

A Cautionary Note on Honking Your Own Horn

Carlton Fields on

On April 7, 2023, the Ninth Circuit Court of Appeals issued its decision in Porter v. Martinez, which addresses California’s law that prohibits honking a car horn except to warn of a safety hazard. Here, Susan Porter drove...more

Allen Matkins

Federal Judge Enjoins Physician Gag Law

Allen Matkins on

Last year, the California legislature enacted statutory changes ostensibly to limit the spread of misinformation and disinformation about COVID-19 by licensed physicians.  2022 Cal. Stats. ch. 938 (AB 2098)....more

Allen Matkins

Judge Slaughter Refuses To Enjoin Physician Gag Statute

Allen Matkins on

Last year, the California legislature enacted statutory changes ostensibly to limit the spread of misinformation and disinformation about COVID-19 by licensed physicians.  2022 Cal. Stats. ch. 938 (AB 2098). Two California...more

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