Can a government employee seek dismissal under section 425.16 of the California Civil Code for making a speech in a public forum?

California, United States of America


The following excerpt is from Taylor v. Cal. Air Nat'l Guard, C070759 (Cal. App. 2013):

Protected acts include any oral statement made in connection with an issue under consideration or review by a legislative, executive, or judicial body; any oral statement made in a public forum in connection with an issue of public interest; or any other conduct in furtherance of the exercise of free speech in connection with a public issue. ( 425.16, subd. (e)(2), (3), (4).) Governmental employees may seek dismissal under section 425.16 because they are persons within the meaning of the statute. (Bradbury v. Superior Court (1996) 49 Cal.App.4th 1108, 1114.) "[I]f government has a legitimate role to play in the interchange of ideas . . . then government should have some measure of protection in performing that role, at least as to matters of public interest." (Id. at p. 1115.)

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