 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Degrassi v. Cook11/30/2000
t claim for damages. (Laguna Publishing, supra, 131 Cal.App.3d at pp. 852-853.)
Carlsbad's most sharply focused observation is directed at the terms of a constitutional right. "A . . . factor traditionally relied upon by California courts in determining whether to permit a constitutional tort is the extent to which the constitutional provision is `self-executing.' While we agree with the authorities that this factor is difficult to apply, the `self-executing' analysis is helpful in the sense that it focuses a court's attention on the extent to which a constitutional provision includes `guidelines, mechanisms, or procedures from which a damages remedy could be inferred.' Where these express or implied guidelines are absent and permitting compensatory relief would be impractical, the constitutional provision may be inappropriate to support a damages remedy." (Carlsbad, supra, 83 Cal.App.4th at p. 822, citations omitted.)
All of the post-Laguna Publishing decisions consistently determine if a constitutional right is self-executing by focusing on the meaning of its language and the express or implied intention of the electorate. We adopt that view.
In its present form, article I, section 2, subdivision (a) provides: "Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press." The terms of this provision do not indicate or even suggest that a violation of this right implicates any recovery in monetary damages. In 1849, article I, section 9 was adopted. Its content has remained essentially unchanged. In 1974, it was amended to include it as "section 2" and to delete the language pertaining to criminal libel. (See fn. 9, ante.) By its terms it does not include any "guidelines, mechanisms, or procedures from which a damages remedy could be inferred." (Leger, supra, 202 Cal.App.3d at p. 1455.) Of equal significance is the fact that there is not any historical commentary or legal authority from which we could infer that the voters contemplated a violation of the constitutional right of free speech supports a private claim for damages. "In construing constitutional and statutory provisions, whether enacted by the Legislature or by initiative, the intent of the enacting body is the paramount consideration. [Citations.]" (In re Lance W. (1985) 37 Cal.3d 873, 889.)
Accordingly, we hold that the state constitutional right of free speech as expressed in article I, section 2, is not self-executing and, if violated, does not support a claim for damages.
Conspiracy Claim
Degrassi's motion pursuant to Civil Code section 1714.10 for leave to file a conspiracy cause of action against the defendant law firm is without merit. It is predicated on the underlying claim that Degrassi's constitutional free speech rights may be addressed and remedied by a claim for damages. Because we have concluded that no such cause of action may be alleged, it follows that there cannot be a conspiracy predicated on that cause of action. (Okun v. Superior Court (1981) 29 Cal.3d 442, 454.)
DISPOSITION
The judgments are affirmed.
CERTIFIED FOR PUBLICATION
We concur:
EPSTEIN, J.
CURRY, J.
Page 1 2 3 4 5 6 7 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|