FIRST AMENDMENT / FREEDOM OF SPEECH CLASS ACTION LAW

Ghalchi & Associates has also been extensively engaged in defending First Amendment rights and freedom of speech in the class action type litigation context.  In defending freedom of speech and expression (and against its abuses), Mr. Ghalchi seeks to protect human dignity and promote individual self-fulfillment as matters of human right and ethical conviction; and to encourage the discovery of truth in the marketplace of ideas – ever so mindful of abuses of free speech that cause individual and societal oppression and harm.

Ghalchi & Associates represent plaintiffs or defendants, in class actions or representative type litigation on behalf of the general public, against large business entities/corporations or government agencies who seek to repress, chill or punish speech, in violation of the rights guaranteed by the U.S. and California Constitutions and various statutes and regulations.  (We generally do not represent clients solely on individual type bases, except on issues that may significantly affect wide segments of the public).

As one highpoint, Mr. Ghalchi of Ghalchi & Associates served as attorney for the defendant that prevailed against plaintiff oil companies, Shell and Texaco, in the landmark Supreme Court decision, Equilon Enterprises, LLC v. Consumer Cause, Inc., 29 Cal.4th 53 (2002), which substantially reinforced First Amendment rights of free speech and strengthened the public’s interest in encouraging participation in matters of public significance.

Our practice therefore strives to represent clients on issues that significantly affect large and wide segments of the public and spans broad and varied range of industries.  Though not limited to any particular issue, some practice areas include:

  • Defending against Strategic Lawsuits Against Public Participation (SLAPP) (which are meritless lawsuits against a person arising from that person’s actions in furtherance of the right of free speech or petition in connection with a public issue)
  • Defending against abuses of anti-SLAPP laws (which also undermine and chill the exercise of the rights of freedom of speech and petition to the government for the redress of grievances, and discourage continued participation in matters of public significance)
  • Areas of overlap with commercial free speech doctrine (advertising and marketing)
  •  Areas of overlap with privacy
  • Expressive conduct
  • Restrictions on time, place and manner of speech
  • Copyright fair use
  • Areas of overlap with defamation
  • Freedom of press, association, and assembly (activities that often overlap with freedom of speech and petition)