Does qualified constitutional privilege protect First Amendment freedom to freedom of association?

California, United States of America


The following excerpt is from Britt v. Superior Court, 143 Cal.Rptr. 695, 20 Cal.3d 844, 574 P.2d 766 (Cal. 1978):

In Bakman v. Superior Court, supra, 63 Cal.App.3d 306, 133 Cal.Rptr. 703, the court observed that, "The issue narrows to whether real party's statutory right to pursue legitimate discovery procedures and the state's compelling interest in the enforcement of such procedures outweighs the deterring effect the disclosure sought has upon the First Amendment right to freedom of association of the persons whose identities real party is seeking to discover, so that it can be said, fairly, that under the facts of this case the qualified constitutional privilege must yield to a more compelling state purpose. We have concluded that the answer to this question is in the affirmative." (P. 315, 133 Cal.Rptr. p. 707, italics in original.)

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