(Tampa Free Press)—The Liberty Justice Center (LJC) and California Justice Center (CJC) have filed a federal lawsuit challenging a California law that restricts employers from discussing political or religious matters during mandatory employee meetings.
The lawsuit, filed on behalf of the California Policy Center (CPC), argues that Senate Bill 399 (SB 399) violates the First Amendment by imposing content-based restrictions on free speech.
Signed into law by Governor Gavin Newsom on September 27, 2024, SB 399, dubbed the “California Worker Freedom from Employer Intimidation Act,” prohibits employers from communicating with employees about political or religious topics during mandatory meetings, such as all-staff calls.
While the law claims to address workplace intimidation, critics argue it instead targets specific types of speech, effectively silencing employers on issues of politics and religion.
“The U.S. Supreme Court has repeatedly found that content-based restrictions on free speech are presumptively unconstitutional,” said Jeffrey Schwab, Senior Counsel at the Liberty Justice Center. “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.”
The lawsuit, California Policy Center v. Garcia-Brower, was filed on February 11 in the U.S. District Court for the Central District of California. The California Policy Center, a nonprofit organization focused on public policy research, is the lead plaintiff in the case.
CPC regularly holds mandatory meetings to discuss political matters central to its mission, such as education reform and government transparency. SB 399 now makes such discussions illegal, severely hindering the organization’s ability to operate effectively.
“SB 399 sets a dangerous precedent by allowing the government to punish Californian employers for their speech based on whether it approves of the content of that speech,” said Will Swaim, President of the California Policy Center. “We are proud to join the Liberty Justice Center in challenging this legislation.”
In addition to the lawsuit, the Liberty Justice Center and California Justice Center will file a motion for a preliminary injunction to prevent the enforcement of SB 399 while the case is litigated. If granted, the injunction would allow employers to continue holding mandatory meetings discussing political and religious matters without fear of legal repercussions.
The lawsuit highlights a growing tension between state regulations and constitutional protections for free speech. By targeting specific types of speech, SB 399 raises concerns about government overreach and its ability to dictate what topics employers can discuss with their employees.
“This law is not about protecting workers from intimidation—it’s about silencing employers on issues the government doesn’t want discussed,” Schwab added. “The First Amendment exists to prevent exactly this kind of censorship.”
The Liberty Justice Center is no stranger to high-profile First Amendment cases. The organization is best known for its landmark 2018 U.S. Supreme Court victory in Janus v. AFSCME, which upheld the rights of public-sector employees to opt out of union dues. The California Justice Center, meanwhile, has a strong track record of advocating for free speech and government transparency in the Golden State.