California Supreme Court
People v. Martinez
August 24, 2023
Summary
The California Supreme Court held that the regulation prohibiting bail bond agents from arranging with jail inmates to receive information about recent arrests survives a facial First Amendment challenge. Assuming the regulation implicates protected speech, the court applied intermediate scrutiny and concluded that the regulation directly advances substantial interests in secure jail administration and fair competition and is narrowly tailored to those interests. The court reversed the Court of Appeal and remanded for further proceedings, while leaving open future as-applied challenges.