Legal Opinion

United Farm Workers of America v. Superior Court

California Supreme Court

Decided July 28, 1975No. S.F. 23223PublishedCited by 48 opinions

1Opinion of the Court

Opinion

MOSK, J.

In this labor controversy we consider the constitutionality of the practice of ex parte issuance of temporary restraining orders affecting substantial free speech interests, without a showing that the party seeking the injunction made a reasonable, good faith effort to afford the *905opposing party or counsel notice and opportunity to be heard. As will appear, we conclude that the ex parte issuance of temporary restraining orders in such circumstances violates the freedom of speech guarantees of both the United States Constitution (1st & 14th Amends.) and the Constitution of the…

2Cases cited30 opinions

  1. Thornhill v. AlabamaSupreme Court of the United States · 1940
  2. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  3. Walker v. City of BirminghamSupreme Court of the United States · 1967
  4. Carroll v. President & Commissioners of Princess AnneSupreme Court of the United States · 1968
  5. Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc.Supreme Court of the United States · 1968

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3Cited by48 opinions

  1. Agricultural Labor Relations Board v. Superior CourtCalifornia Supreme Court · 1976
  2. People v. HannonCalifornia Supreme Court · 1977
  3. People v. AyalaCalifornia Supreme Court · 2000
  4. Kash Enterprises, Inc. v. City of Los AngelesCalifornia Supreme Court · 1977
  5. Kaplan's Fruit & Produce Co. v. Superior CourtCalifornia Supreme Court · 1979

43 more not listed; retrieve them via the Exa API.

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