Reading the CACI jury instructions, it looks like anything that a California jury thinks is both “severe” and “offensive” is grounds for liability. It is well-established in 1st amendment cases that relying on “reasonable person” standards for speech is a recipe for disaster.
Reading the CACI jury instructions, it looks like anything that a California jury thinks is both “severe” and “offensive” is grounds for liability. It is well-established in 1st amendment cases that relying on “reasonable person” standards for speech is a recipe for disaster.