Eisenberg v. Alameda Newspapers, Inc

In Eisenberg v. Alameda Newspapers, Inc. (1999) 74 Cal. App. 4th 1359, a reporter alleged he had been terminated for statements he wrote in an investigative article published in the Tri-Valley Herald, owned by his employer Alameda Newspapers, Inc. Affirming the trial court's summary adjudication of the reporter's claim for wrongful termination in violation of public policy, the Court of Appeal explained that a private publisher enjoys an absolute right to decide what to publish in its own paper. (Eisenberg v. Alameda Newspaper, Inc., supra, 74 Cal.App.4th at p. 1391.) The reporter may have the right to express his views, the court reasoned, but he did not enjoy the right to have his employment protected when his published statements contradicted the editorial standards of the paper: "It was the Herald's right to set and enforce its own standards for acceptable and responsible reporting. Eisenberg was fired because he did not meet those standards. Although Eisenberg has a First Amendment right to express his own views, he does not have a right to publish them in the Herald against its wishes." (Ibid.)