Aguilar v. Avis Rent a Car System, Inc.

WERDEGAR, J., Concurring.

This case presents the collision of two very basic values protected by the United States Constitution. The first is to live one’s life free of racial discrimination. (U.S. Const., Amend. XIV.) The second is to speak one’s mind free of government censorship. (U.S. Const., Amend. I.) The trial court balanced these two bedrock constitutional principles to conclude defendant John Lawrence validly could be enjoined from engaging in a form of speech a jury found was in violation of the Fair Employment and Housing Act. (Gov. Code, § 12900 et seq. (hereafter FEHA).) A divided…