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Statutory Preference for Labor-Related Speech Struck Down; Court Rules Moscone Act and Labor Code Preferences Violate Free Speech Clause of the California Constitution

Posted by Bo Links - March 12, 2011


In an important decision, the California Court of Appeal has ruled that statutory preferences for pro-labor speech (picketing, publicizing the existence of a labor dispute, etc.) amount to “content based” regulation of speech, and are presumptively unconstitutional unless supported by a compelling state interest.  The statutes in question are the Moscone Act (Cal. Code Civ. Proc., § 527.3)


Documents

Ralphs Grocery Co. v. United Food & Commerc. Union (free speech).DOC

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