Ninth Circuit to hear Liberty Justice Center appeal on California employer speech law

The U.S. Court of Appeals for the Ninth Circuit will hear oral arguments on July 7 in California Policy Center v. Garcia-Brower, an appeal by the Liberty Justice Center challenging California Senate Bill 399. The law prohibits employers from discussing religious or political matters during mandatory workplace meetings, which the Liberty Justice Center argues violates First Amendment rights.

According to the Liberty Justice Center, the appeal seeks to reverse the district court's dismissal of the case and allow the constitutional challenge to proceed. The organization said, "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." Senior Counsel Jeffrey Schwab will present oral argument before the Ninth Circuit.

Senate Bill 399, signed into law by California Governor Gavin Newsom on September 27, 2024, is officially titled the California Worker Freedom from Employer Intimidation Act. The law prohibits California employers from requiring employees to attend meetings where the employer communicates about political or religious matters. The Liberty Justice Center said, "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."

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. The organization said, "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.

The Liberty Justice Center is a national nonprofit law firm that challenges government overreach and fights for free speech, educational freedom, and workers' rights at no cost to clients or taxpayers, according to the organization's official website. The organization has previously secured a significant Supreme Court victory in Janus v. AFSCME, which upheld First Amendment protections for public sector workers and eliminated mandatory union fees for public employees. The Liberty Justice Center advances constitutional rights through strategic litigation aimed at countering threats to free speech, government overreach, and educational freedom, and addresses liberty threats nationwide through its legal efforts, according to the same source.

Oral arguments in the case will be live streamed by the U.S. Court of Appeals for the Ninth Circuit. The Liberty Justice Center's filings in California Policy Center v. Garcia-Brower are available on its website.