What is the test for an appellant to successfully argue that his First Amendment rights were violated on appeal?

California, United States of America


The following excerpt is from Phillips v. Campbell, 2d Civil No. B263353 (Cal. App. 2016):

Appellant "did not raise [this] constitutional issue[] below and do[es] not explain why [it is] being raised for the first time on appeal. [] Points not raised in the trial court will not be considered on appeal. [Citation.] 'Even a constitutional right must be raised at the trial level to preserve the issue on appeal [citation].' [Citation.] In civil cases, constitutional questions not raised in the trial court are considered waived. [Citation.]" (Hepner v. Franchise Tax Board (1997) 52 Cal.App.4th 1475, 1486.)

Moreover, appellant forfeited the issue because he has failed to present meaningful legal and factual analysis, with supporting citations to pertinent authority and the record, on why his first amendment rights were violated. "Under well-established principles of appellate review, '[t]o demonstrate error, appellant must present meaningful legal analysis supported by citations to authority and citations to facts in the record that support the claim of error. [Citations.] . . .' [Appellant's] conclusory assertion[] [that his First Amendment rights were violated] fail[s] to properly tender the issue for appellate review." (Saltonstall v. City of Sacramento (2015) 234 Cal.App.4th 549, 587-588.)

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