“The pertinent California constitutional provisions governing fundamental civil rights include the following: (1) Freedom of speech, press, and assembly: Cal. Const. art. I, § 2 provides: “Every person may freely speak, and may write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press.” [Cal. Const. art. I, § 2(a)] In addition, Cal. Const. art. I, § 3 states: “The people have the right to instruct their representatives, petition government for redress of grievances, and to assemble freely to consult for the common good.” (2) Freedom of religion: There are two key clauses of the California Constitution that protect religious freedom. Cal. Const. art. I, § 4 states: “Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace or safety of California. The legislature may make no law respecting an establishment of religion.” Cal. Const. art. I, § 4] (3) Due process and equal protection: Cal. Const. art. I, § 7 states the fundamental rights to due process and equal protection of the law. The state constitution provides: “A person may not be deprived of life, liberty, or property without due process of law or be denied equal protection of the laws.” [Cal. Const. art. I, §§ 7, 15] (4) Privacy: In California, the right to privacy is explicitly included in the state constitution. Cal. Const. art. I, § 1 provides: “All people are by nature free and independent and have inalienable rights; among these are enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety, happiness, and privacy.” [Cal. Const. art. I, § 1] Liability under Section 1983 is premised on the violation of constitutional rights, not for violations of duties of care arising out of tort law.”
[California Civil Practice: Civil Rights Litigation [certain citations omitted]]
