“California high court says legislators’ votes are protected by free speech rights”

LAT:

The California Supreme Court decided Monday that the votes of elected officials are protected free speech.

The state high court ruled in a lawsuit brought by the city of Montebello against three former council members and a city administrator. Montebello contended the officials had violated a conflict of interest law in supporting a garbage hauling contract in exchange for campaign contributions.

In a 5-2 decision, Justice Carol A. Corrigan wrote that voting by an elected official was protected by a state law designed to combat lawsuits that chill free speech. The law allows defendants to bring a special motion to throw out such a lawsuit at an early stage…

In a dissent, Justice Goodwin Liu, joined by Justice Leondra Kruger, said a legislator’s vote is not protected by state and federal free speech guarantees.

“The court’s contrary holding will make it harder to enforce civil laws against public corruption,” Liu wrote.

The opinions are here.

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