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Are there any administrative remedies that have to be exhausted before I can file a complaint for violation of free speech?

Corona, CA |

Are there any administrative remedies that have to be exhausted before I can file a complaint for violation of the first amendment for free speech?

Attorney Answers 4

  1. The answer is probably yes but I would need more facts to give a more thoughtful answer. Who is depriving you for your free speech rights? Please provide some additional facts.

  2. Usually yes since likely claim against a governmental agency. But your facts are not clear how what who when etc. good luck.

    In addition to AVVO's disclaimer, please note that by this answer no attorney client relationship is intended mor entered into and unless there is a signed retainer agreement in place, neither me nor anyone in our office has intended to solicit clients nor reprints them. The answers are general in nature and without weighing specifics of particular query. No answer should be relied on in whole or in part, directly or otherwise to act or not to act in pursue of any of your potential claims in law or equity. You should consult with and obtain advise or representation of an attorney to protect your rights regarding your case or matter.

  3. Assuming that the complaint is against a governmental entity, then the answer would be yes.

    Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.

  4. No, a Federal Civil Rights action under USC 1983 does not have any such pre-requisite. If a State government has violated your constitutional rights, you can immediately file suit in federal court.

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