Legal Opinion · Dissent

Overhill Farms, Inc. v. Lopez

California Court of Appeal

Decided November 15, 2010No. G042984Published

1Dissent

FYBEL, J., Dissenting.

I respectfully dissent.

The First Amendment to the United States Constitution guarantees a cherished freedom-the right to speak openly and freely. (U.S. Const., 1st Amend. [“Congress shall make no law . . . abridging the freedom of speech . . .”].) Within the past few years, the United States Supreme Court has broadly protected speech in a public forum in the analysis of permissible speech by candidates for judicial office (Republican Party of Minn. v. White (2002) 536 U.S. 765 [153 L.Ed.2d 694, 122 S.Ct. 2528]), and of corporations in elections (Citizens United v.…

2Cases cited10 opinions

Nebraska Press Assn. v. StuartSupreme Court of the United States · 1976
Citizens United v. Federal Election CommissionSupreme Court of the United States · 2010
Milkovich v. Lorain Journal Co.Supreme Court of the United States · 1990
Whitney v. CaliforniaSupreme Court of the United States · 1927
Linn v. United Plant Guard Workers of America, Local 114Supreme Court of the United States · 1966

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