Injunction Enjoining Former Employees/Plaintiffs From Free Speech Rights Discussing Action With Current Employees Vacated.

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 plaintiffs. The appellate court vacated the injunction, noting among other things that “free speech rights cannot be defeated simply because a speaker’s intended speech may make others uncomfortable.” San Francisco Unified School District v. First Student, Inc.  (Cal. App. First Dist., Div. 5;  February 19, 2013) (Case No. A134405).