The trial court ordered plaintiffs in a qui tam action from discussing their case with current employees during the pendency of the lawsuit. On appeal, plaintiffs argue the order is unsupported by the evidence, violates policies underlying the False Claims Act [Government Code section 12650] and that it infringes the free speech rights of the individual […]
First Amendment Rights: Plaintiff Talked Himself Into Jail, And The Officer Talked Himself Into A Lawsuit.
In a per curiam opinion, the Ninth Circuit reversed the grant of summary judgment to a police department in Washington and against the plaintiff, who was arrested, and later acquitted of violating a noise ordinance. On the way to the station, the plaintiff asked the officer why he was being arrested, and the officer responded: “The […]
Anti-SLAPP Motion Should Have Been Granted In Registered Sex Offender Case.
The renter/defendant of a house owned by the owner/plaintiff told a potential buyer of the house that a registered sex offender lived immediately across the street from the house. The sale fell through and the owner sued the renter for interfering with the sale. The renter filed an anti-SLAPP motion under Code of Civil Procedure section […]
Acts Prepatory To Official Proceedings Covered By Anti-SLAPP Statute.
Plaintiff is the father of a five-year-old daughter and is going through a divorce. He brought a federal civil rights action under 42 USC §1983 against a licensed family and marriage therapist claiming the therapist conspired with his former mother-in-law and others to falsely accuse him of sexually abusing his child. He alleges the therapist coached […]
Union Has Statutory Protection To Picket Supermarket.
The California Supreme Court ruled on union picketing laws in front of a supermarket entrance and held: “[T]he supermarket’s privately owned entrance area is not a public forum under the California Constitution’s liberty of speech provision. For this reason, a union’s picketing activities do not have state constitutional protection. Those picketing activities do have statutory protection, […]
No Injunction To Forestall Employer From Providing Obamacare Preventive Services To Women.
An arts and craft Christian retail chainstore with 13,000 employees in 500 stores nationwide petitioned for an injunction, against the implementation of Obamacare, pending appellate review of its claim under the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act of 1993 [42 U.S.C. § 2000bb]. The employees receive health insurance […]
Area Outside Public Library Is A Public Forum.
To regulate leafleting on a municipal library campus, a City Council adopted a Handbill Ordinance restricting leafleting to the front of the library and prohibiting it on vehicles in the parking lot. It also prohibited “offensively coarse” language and gestures and required online reservations to use the “free speech area.” Plaintiffs obtained a preliminary injunction […]
Sleeping With The Enemy.
For years, the wife read books about divorce, money and using false criminal accusations against a spouse in a divorce proceeding. Eventually she reported to the sheriff that her husband threatened to kill her and their children. The husband was criminally prosecuted for making terrorist threats and found not guilty. He filed a malicious prosecution […]
Attorney Fees To Demonstrators Who Carried Pictures Of Aborted Fetuses At Protest.
Group carried pictures of aborted fetuses at a busy intersection in South Carolina, and a police officer informed them they would be ticketed for breach of the peace if graphic signs were not discarded. Eventually a petition was filed by the protestors alleging their First Amendment rights were being violated when police informed the group […]
Dead Beat Dad Remark Protected.
In the midst of a contentious paternity and child support dispute, defendant wrote on a Web site that the public should be careful in dealing with plaintiff because he is a criminal and a deadbeat dad, is into illegal activities, and that she wouldn’t let him into her house. Plaintiff brought an action for defamation, […]
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