Judge Blocks California’s Senate Bill 399 on Free Speech Grounds

California, October 4, 2025

News Summary

A preliminary injunction issued by U.S. District Judge Daniel Calabretta halts the enforcement of California’s Senate Bill 399, which aimed to restrict employer communications on political and religious matters. This ruling, upholding employers’ First Amendment rights, comes amid a lawsuit from business groups asserting that the bill infringes on free speech and creates legal uncertainties. The injunction will remain in place while litigation continues, raising important questions about labor law interpretations at both state and federal levels.

California is currently embroiled in a significant legal dispute as U.S. District Judge Daniel Calabretta has issued a preliminary injunction against the enforcement of Senate Bill 399 (SB 399). This legislation, passed in 2024 and effective in 2025, sought to limit employer communications concerning religious or political issues within the workplace. Judge Calabretta’s ruling has affirmed employers’ First Amendment rights, indicating that SB 399 is preempted under the National Labor Relations Act (NLRA) and thereby temporarily blocks its enforcement while further litigation is pursued.

The implications of this injunction are notable for small business owners, as highlighted by John Kabateck, California state director for the National Federation of Independent Business (NFIB). The ruling is seen as a reinforcement of free speech rights, providing greater latitude for employers to communicate freely within their businesses. SB 399’s intent had been to prevent employers from mandating attendance at meetings that cover topics such as political opinions, religious beliefs, and unionization discussions. This injunction halts any enforcement actions related to SB 399 until a final determination is made in the ongoing legal battle.

The California Chamber of Commerce and the California Restaurant Association are among the plaintiffs who filed a federal lawsuit against SB 399, arguing that the legislation infringes on employers’ free speech rights and could create legal liabilities for discussions about critical workplace matters. Additionally, the plaintiffs assert that SB 399 improperly asserts state authority over areas already regulated by federal labor law.

Background on this matter reveals that SB 399 had already been categorized as a “Job Killer” by the California Chamber of Commerce during the 2024 legislative session. The plaintiffs initiated the lawsuit in December, seeking to contest the constitutionality of SB 399. Furthermore, this legal action is framed within a larger context of shifting labor laws and governance under the current federal administration, suggesting that interpretations of the NLRA may undergo significant changes.

In the context of SB 399 and the federal lawsuit, claims have also been made regarding Assembly Bill 288, which gives the state Public Employment Relations Board (PERS) enforcement powers over collective bargaining rights when the NLRA is not acting promptly. The lawsuit contends that such state-level attempts represent an encroachment on federal authority and thus complicate labor relations across the board.

As litigation continues in federal district court, the enforcement of SB 399 will remain suspended, and a permanent injunction may result depending on the eventual outcomes of this case. The NFIB has stated that allowing employers to communicate openly with employees without restrictions imposed by state laws is essential for the viability of the business.

Key Points of Interest

• Judge Calabretta’s ruling solidifies the First Amendment rights of employers regarding workplace communications.
• SB 399 was seen as restrictive by business groups, prompting a lawsuit from significant plaintiffs.
• The broader implications reflect changing interpretations of labor laws at both state and federal levels.
• The temporary halt on SB 399 continues as litigation unfolds in court.

Frequently Asked Questions

Deeper Dive: News & Info About This Topic

• California Chamber of Commerce: Federal Judge Grants CalChamber’s Request to Block Senate Bill 399
• National Law Review: California’s Prohibition on Captive Audience Meetings Enjoined in Court
• NFIB: Small Business Comment on Restoration of Free Speech
• Google Search: Senate Bill 399
• Encyclopedia Britannica: First Amendment

Author: STAFF HERE CORONADO

The Coronado Staff Writer represents the experienced team at HERECoronado.com, your go-to source for actionable local news and information in Coronado, San Diego County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as the Coronado Island Film Festival, productions at Lamb’s Players Theatre, community workshops at John D. Spreckels Center, and iconic celebrations at Hotel del Coronado. Our coverage extends to key organizations like the Coronado Chamber of Commerce and Visit Coronado, plus leading businesses in hospitality, dining, and tourism that drive the local economy. As part of the broader HERE network, including HERESanDiego.com, HEREHuntingtonBeach.com, HERELongBeach.com, and HERELosAngeles.com, we provide comprehensive, credible insights into Southern California's dynamic landscape.