SAN FRANCISCO, CA — The California-based First Amendment Coalition (FAC) has filed a federal lawsuit challenging a California law that “authorizes government attorneys to seek civil penalties against people who publish any information related to a sealed arrest record,” regardless of its source or newsworthiness.
The statute, FAC argues, violates the First Amendment by imposing unconstitutional restrictions on free speech.
The lawsuit, filed in collaboration with the Foundation for Individual Rights and Expression (FIRE), names FAC, its Advocacy Director Ginny LaRoe, and First Amendment scholar and blogger Eugene Volokh as plaintiffs.
According to the complaint, the law discourages FAC, LaRoe, and Volokh from discussing sealed arrest records.
“California’s Attorney General and San Francisco’s City Attorney have agreed to a preliminary injunction, preventing them from enforcing the statute against anyone who shares information about a sealed arrest that is already publicly available,” said FAC in a statement.
The plaintiffs said they are seeking a permanent injunction as the litigation progresses.
FAC’s legal action comes amid broader concerns about censorship, noting in a San Francisco Op-Ed the measure is really a “censorship campaign” tied to a tech executive’s efforts to suppress information.
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Xinhui Lin is a first-year student at the University of California, Los Angeles, pursuing a double major in Public Affairs and Sociology on a Pre-law track. Her unwavering commitment to addressing social injustices is deeply rooted in her cultural background and her personal experiences while growing up in Shanghai, China. Xinhui keenly observed the pervasive gender and racial inequalities, the subtle yet significant discrimination against minority groups, and the everyday micro-aggressions that disenfranchised individuals face. After exploring the philosophical question regarding the intricate relationship between power, morality, and justice, Xinhui kindled her interest in the intricacies of the criminal justice system – a cornerstone of society meant to epitomize principles of justice and fairness. Her commitment to understanding and improving this system is evident in her aspirations to potentially pursue a career as an attorney, with a strong desire to advocate for disadvantaged individuals.
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