SAN FRANCISCO | July 6, 2026 — Tomorrow, the U.S. Court of Appeals for the Ninth Circuit will hear oral arguments in California Policy Center v. Garcia-Brower, the Liberty Justice Center’s appeal challenging a California Senate Bill 399, a law that violates employers’ First Amendment rights by prohibiting companies from discussing “religious or political matters” during mandatory workplace meetings.
The Liberty Justice Center is asking the Ninth Circuit to reverse the district court’s dismissal of the case and allow the constitutional challenge to proceed. The appeal argues that the California bill imposes an unconstitutional content-based restriction on speech by singling out discussions of political and religious matters while allowing employers to require meetings on virtually any other topic.
Liberty Justice Center Senior Counsel Jeffrey Schwab will present oral argument before the Ninth Circuit.
WHO: Jeffrey Schwab, Senior Counsel, Liberty Justice Center
WHEN: 9 AM PST, Tuesday, July 7, 2026
WHERE: Courtroom 1, 3rd Floor Rm 338
James R. Browning U.S. Courthouse
U.S. Court of Appeals for the Ninth Circuit
95 Seventh Street
San Francisco, CA 94103
HOW: Oral arguments will be live streamed by the U.S. Court of Appeals for the Ninth Circuit, here.
Additional information about oral arguments is available from the Ninth Circuit, here.
ISSUE BACKGROUND: On September 27, 2024, California Governor Gavin Newsom signed Senate Bill 399 into law. Although labeled the “California Worker Freedom from Employer Intimidation Act,” SB 399 does not actually address intimidation. Instead, it prohibits California employers from requiring employees to attend meetings where the employer communicates about political or religious matters.
SB 399 restricts speech based on its content, permitting mandatory workplace meetings on virtually any subject except politics and religion. The U.S. Supreme Court has repeatedly held that content-based restrictions on speech are presumptively unconstitutional under the First Amendment.
On February 11, 2025, the Liberty Justice Center filed suit on behalf of the California Policy Center, a nonprofit organization that researches and advocates on California public policy issues. Because discussing political issues is central to its mission, the California Policy Center regularly holds staff meetings focused on public policy. SB 399 prevents the organization from requiring employees to attend those meetings, directly burdening its First Amendment rights.
After the U.S. District Court for the Central District of California dismissed the case on June 24, 2025, the Liberty Justice Center appealed to the Ninth Circuit, seeking to overturn the dismissal and restore employers’ constitutional right to engage in protected speech with their employees.
The Liberty Justice Center’s filings in California Policy Center v. Garcia-Brower are available here.