Does the Court of Appeal have any authority or authority to sustain a First Amendment right to exercise First Amendment Freedoms?
California, United States of America
The following excerpt is from Roa v. Lodi Medical Group, Inc., 211 Cal.Rptr. 77, 37 Cal.3d 920, 695 P.2d 164 (Cal. 1985):
In relying on this line of reasoning, the majority ignore the more recently articulated principle that laws which actually affect the exercise of First Amendment freedoms cannot be sustained merely because they deal with some evil within the state's legislative competence. (Mine Workers v. Illinois Bar Assn., supra, 389 U.S. at p. 222, 88 S.Ct. at p. 356.)
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