Opinion

Spiritual Psychic Science Church of Truth, Inc. v. City of Azusa

  • 39 Cal. 3d 501
  • 217 Cal. Rptr. 225
  • 703 P.2d 1119
  • 1985 Cal. LEXIS 318
Court
California Supreme Court
Filed
Aug 15, 1985
Status
Published
Author
Kaus
On the bench
Mosk, Kaus, Lucas
Cited by
53 cases
Authority
More cited than 6.6%

Disapproved on other grounds by Kasky v. Nike, Inc., 27 Cal. 4th 939 (2002)

explaining that when people who “believe they possess the power to predict what has not yet come to pass ... impart their beliefs to others, they are not acting fraudulently; they are communicating opinions which, however dubious, are unquestionably protected by the Constitution”

How later courts described this case

  • explaining that when people who “believe they possess the power to predict what has not yet come to pass ... impart their beliefs to others, they are not acting fraudulently; they are communicating opinions which, however dubious, are unquestionably protected by the Constitution”
  • interpreting article first, § 2, of the California constitution which provides, “[e]very person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right”
  • "We are unable to subscribe to Bartha's broad characterization of fortunetelling as an exclusively commercial activity, and to the theory that it therefore can be indiscriminately regulated, or, in this instance, wholly prohibited."
  • “[S]ome persons believe they possess the power to predict what has not yet come to pass. When such persons impart their beliefs to others, they are not acting fraudulently; they are communicating opinions which, however dubious, are unquestionably protected by the Constitution.”

Written by the judges who cited it.

Later courts went against this

  • Disapproved on other grounds by Kasky v. Nike, Inc., 27 Cal. 4th 939 (2002)

    39 Cal.3d 501, 513 (Spiritual), disapproved of on other grounds as stated in Kasky v. Nike, Inc. (2002) 27 Cal.4th 939, 968
    California Supreme CourtMay 2, 20024 citing opinionsother groundsRead it
  • Disapproved by Kasky v. Nike, Inc., 119 Cal. Rptr. 2d 296 (2003)

    We now disapprove as ill-considered dicta two statements of this court in Spiritual Psychic Science Church v. City of Azusa (1985) 39 Cal.3d 501 [217 Cal.Rptr. 225, 703 P.2d 1119].
    California Supreme CourtJan 10, 2003Read it

The opinion

KAUS, J.

I agree that the ordinance is overbroad. On the other hand, the First Amendment has been around for a long time, as have been state and local laws against fortunetelling and decisions upholding them. (See cases cited in In re Bartha (1976) 63 Cal.App.3d 584, 589 [ 134 Cal.Rptr. 39 , 91 A.L.R.3d 759 ].) It is a fact that plaintiff cites no case which elevates fortunetelling to the same free speech pedestal as does the majority. I cannot help feeling that the core values of the First Amendment have somehow become obliterated in the court’s somewhat formalistic application of precedent based on entirely different facts. In short, I am more optimistic than the majority that a constitutionally acceptable ordinance can be drafted.

Reynoso, J., concurred.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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