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I of speech and writing, freedom to instruct their representative, freedom to petition 2 government for redress of grievances, and to consult for the common good, re-allege 3 paragraphs 1-143, above, and further allege as follows: 4 145. While the U.S. Constitution grants citizens protections for free speech 5 under the First Amendment to the U.S. Constitution, which are enforced via 42 USC 6 §1983, the California Constitution also protects this right. Article I, Section 2 of the 7 California Constitution states that "[e]very person may freely speak, write and publish 8 his or her sentiments on all subjects, being responsible for the abuse of this right. . . ." 9 Article I, Section 3 of the California Constitution states "[T]he people have the right to 10 instruct their representatives, petition government for redress of grievances, and 11 assemble freely to consult for the common good. 12 146. Defendants, and each of them, have engaged in acts and/or omissions to 13 violate Plaintiffs right to freedom to speak, write and publish their sentiments, and/or 14 their ability to petition government for redress of grievances, assemble and to consult 15 for the common good. 16 147. The duty to obey the laws set forth in state and federal laws is a ministerial 17 duty and is not discretionary. By acting, and failing to act, as set forth above, 18 defendants have violated a ministerial duty. Moreover, the acts and/or omissions of 19 defendants, set forth above, demonstrate that defendants' failure to comply with the 20 California Constitution wherein it enjoins certain acts; therefore, defendants actions 21 were illegal as a matter of law under Government Code section 1222, which makes a 22 public officer's "willful omission to perform any duty enjoined by law" a misdemeanor. 23 148. Each and every act listed above, individually or jointly, constitutes a 24 violation of Plaintiffs' speech rights and/or the California Constitution and therefore this 25 court should render all available and proper relief to remedy the violations and to 26 prevent future violations of a like or similar nature. Plaintiffs specifically seek a "make 27 whole" remedy. 28 149. For those acts identified in the already filed Government Tort Claim, 33 COMPLAINT