Legal Question in Civil Rights Law in California

This is a civil rights violation question. I have a workers compensation claim and the insurance company has been difficult. On one occasion the claims adjuster got my goat and I told her in an email "I was tired of her sh*t". The insurance company's lawyer went before a workers' compensation judge, implied that I was using profanity all the time, and the judge has ordered me never to use profanity when addressing the insurance company or I will be fined. While a judge can demand no profanity in his courtroom, I do not think the judge has the right to censor my speech in my emails or in any other communications to the insurance company, especially based on a single occurrence, which was totally justified considering the harassing attitude of the insurance claims adjuster. Is there a way to force the judge to rescind his order or do I have a case to sue the State of California for violating my first amendment right to freedom of speech?


Asked on 12/14/14, 9:50 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

I am surprised you find profanity "justified" under any circumstances when dealing with an insurance company or other business matter. You can easily express your dissatisfaction in other ways.

Profanity is not always protected speech. Without seeing the E-mail, and without knowing how this got before the judge, it is not possible to opine on you situation. I can definitely tell you that you scored no points with the judge, and that you would be wise to be more careful with what you write. A bit of contrition will go a long way here.

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Answered on 12/14/14, 1:38 pm


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