What is the impact of a finding that the trial court's ruling that a defendant violated his right to freedom of speech?
California, United States of America
The following excerpt is from People v. Bivert, 127 Cal.Rptr.3d 261, 254 P.3d 300, 52 Cal.4th 96 (Cal. 2011):
For the first time on appeal, defendant raises the claim that the trial court's ruling violated his rights under the First Amendment to the United States Constitution. Assuming the claim was properly preserved for appeal (see People v. Boyer, supra, 38 Cal.4th at p. 441, 42 Cal.Rptr.3d 677, 133 P.3d 581), it fails on the merits.
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