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BRADBURY v. SUPERIOR COURT

Docket Nos. B101185, B098366.

49 Cal.App.4th 1108 (1996)

MICHAEL D. BRADBURY, as District Attorney, etc., et al., Petitioners, v. THE SUPERIOR COURT OF VENTURA COUNTY, Respondent; GARY SPENCER, Real Party in Interest.

Court of Appeals of California, Second District, Division Six.

October 1, 1996.

Attorney(s) appearing for the Case

COUNSEL

Glen M. Reiser for Petitioners.

No appearance for Respondent.

Franscell, Strickland, Roberts & Lawrence, David D. Lawrence and Priscilla F. Slocum for Real Party in Interest.

OPINION

YEGAN, J.

(1a) "[T]he great principles of the Constitution which secure freedom of expression ... preclude attaching adverse consequences to any except the knowing or reckless falsehood. Debate on public issues will not be uninhibited if the speaker must run the risk that it will be proved in court that he spoke out of hatred; even if he did speak out of hatred, utterances honestly believed contribute to the free...

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