CPC Challenges Employer Censorship Law
Dear John,
California Policy Center filed a federal lawsuit this week challenging a California law that violates employers’ First Amendment rights by prohibiting companies from discussing any “religious or political matters” at mandatory meetings.
Last September, Gov. Gavin Newsom signed Senate Bill 399 (SB 399) into law. Although labeled the “California Worker Freedom from Employer Intimidation Act,” SB 399 does not actually address intimidation — rather, it bans California employers from communicating with their employees about political or religious matters during any mandatory meetings, such as all-staff calls.
The Liberty Justice Center partnered with the California Justice Center to challenge SB 399 on behalf of California Policy Center (CPC). Because CPC's central work entails researching state politics and communicating its findings to California residents, SB 399's restriction directly impacts CPC's ability to hold employee meetings important to its mission and daily work, violating this organization’s right to free speech under the First Amendment.
“SB 399 sets a dangerous precedent by allowing the government to punish California employers for their speech based on whether it approves of the content of that speech. We are proud to join the Liberty Justice Center in challenging this legislation,” said CPC president Will Swaim.
SB 399 restricts speech based on its content, declaring that Californian employers may discuss almost any topic in mandatory employee meetings — except politics and religion. The Supreme Court has ruled that such content-based restrictions on free speech presumptively violate the First Amendment.
"California's supermajority legislature has a pattern of passing unconstitutional laws and violating the First Amendment rights of speakers who espouse 'disfavored' views. Free speech is the bedrock of American society, and we have to fight for it at every turn," said Julie Hamill, president of California Justice Center.
The lawsuit seeks to enjoin SB 399 to restore employers’ free speech rights across the state of California. In addition to the lawsuit, Liberty Justice Center and California Justice Center will file a motion for a preliminary injunction in the case. If granted, the injunction will prevent the state of California from enforcing SB 399 against employers for exercising their free speech rights and holding mandatory employee meetings discussing “political matters” while the lawsuit moves through the courts.
“The U.S. Supreme Court has repeatedly found that content-based restrictions on free speech are presumptively unconstitutional. California cannot pick and choose what employers may say at mandatory employee meetings. We urge the court to strike down this overt violation of the First Amendment,” said Jeffrey Schwab, Senior Counsel at the Liberty Justice Center.
California Policy Center v. Garcia-Brower was filed in the U.S. District Court for the Central District of California on February 11, 2025. You can read the complaint here.
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Radio Free California #377: California’s Synthetic Outlaws Bring the Chaos
On this week's podcast with CPC President Will Swaim and CPC board member David Bahnsen: A group of murdering tech bros who call themselves women and kill people in order to save animals bursts onto the national scene. Bonus! Attorney Julie Hamill on California’s multiple violations of state and federal law in the Trump era. Listen now.
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