As Foretold, California's New Forced Speech Laws Are Being Challenged

Last year, I commented on the likely unconstitutionality of two California laws compelling forced speech:

Court Rules That Debate And Litigation Do Not Necessarily A Controversy Make

In June of 2022, I reported on the adoption of commercial financial disclosure rules by the California Department of Financial Protection & Innovation. These rules were adopted pursuant legislation, SB 1235, that was enacted in 2018. In December of...

California Bill Would Require Some Advisers To Venture Capital Firms To File Diversity Reports, But What About Preemption?

As I discussed in this post from earlier this month, SB 54 would have required institutional investors, securities and real estate brokers, and others to report diversity status of startup founding teams. The bill has since been substantially...

California Bill Banning Foreign-Influenced Business Entity Contributions Advances Despite Dubious Constitutionality

Last December, I wrote about AB 83 (Lee & Kalra), which would enact the "Get Foreign Money Out of California Elections Act". The California Political Reform Act already forbids a foreign government or foreign principal from making any contribution,...

Government Censorship By Proxy?

Last week, I wrote about an unsuccessful challenge to the activities of the Office of Elections Cybersecurity within the California Secretary of State's office: Is The California Secretary of State Monitoring What You Publish Online?  In that case, ...

Federal Judge Enjoins Physician Gag Law

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), SeeCalifornia Legislates Covid-19...

Judge Slaughter Refuses To Enjoin Physician Gag Statute

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), See California Legislates Covid-19...

Is A Racial Or Ethnic Group A "Person"?

Yesterday's post concerned the U.S. Supreme Court's holding in Matal v. Tam, 2017 U.S. LEXIS 3872 (June 19, 2017) that the "disparagement clause" of the Lanham Act violates the Free Speech Clause of the First Amendment. As far as most legal...

Incorporating Under A Disparaging Name

In Matal v. Tam, 2017 U.S. LEXIS 3872 (June 19, 2017), the U.S. Supreme Court found the "disparagement clause" of the Lanham Act violates the Free Speech Clause of the First Amendment. The "disparagement clause" prohibits the registration of...

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