California employers received welcome news yesterday when the Ninth Circuit Court of Appeals upheld a preliminary injunction blocking enforcement of Senate Bill 399 (“SB 399), which restricted mandatory employer meetings concerning political and religious matters, including union organizing.

As CDF previously reported, SB 399 (which took effect January 1, 2025) prohibits employers from disciplining or otherwise taking adverse action against employees who refuse to attend employer-sponsored meetings concerning political or religious matters. The law was promptly challenged by three industry groups–California Chamber of Commerce, the California Restaurant Association, and the Western Growers Association–who argued that SB 399 violated employers’ First Amendment Rights and was preempted by federal labor law.

Yesterday, in California Chamber of Commerce v. Bonta, the Ninth Circuit agreed that the challengers were likely to succeed on their First Amendment claim, affirming the lower court’s injunction against enforcement of the law.

A Return to Constitutional Law: Strict Scrutiny

For labor attorneys accustomed to navigating the National Labor Relations Act (“NLRA”), the Ninth Circuit’s decision offered them a trip back to law school Constitutional Law class—specifically, application of the “strict scrutiny” standard.

Under this familiar constitutional law standard, laws restricting speech based on its content are presumptively unconstitutional unless the government can...

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