Essential Insights from Bassi v. Bassi
- The Gray Area of Free Speech in Domestic Disputes: Not all communication in contentious relationships qualifies as protected speech under the First Amendment, especially when it crosses into harassment and disrupts peace.
- Anti-SLAPP Motion Denial Clarifies Boundaries: Susan Bassi’s emails to ex-husband Robert were not fully protected as “public participation,” allowing Robert’s domestic violence restraining order (DVRO) case to proceed.
- Legal Costs to Follow the Decision: The court ruled that Robert could seek reimbursement for his legal expenses in court—a costly consequence that underscores the stakes in DV-related legal disputes.
By Samuel A. Lopez – USA Herald
[CALIFORNIA, Santa Clara] – In a recent decision out of California’s Sixth District Court of Appeal, Bassi v. Bassi (H049873), the line between free speech rights and harassment in domestic violence cases took center stage. The case emphasizes that freedom of speech isn’t limitless, particularly where relationships have deteriorated and communication escalates to harassment. It also highlights the legal landscape around “anti-SLAPP” protections, a frequently invoked defense in cases involving claims of protected speech.
