In this case, the ACLU represented father and son Ad Fried and Michael Fried of the Friday Observer, a weekly newspaper. Editor Ad Fried published an editorial written by his son Michael on the front page of the February 6-12, 1974 issue of the paper which openly critized the San Leandro police. Officer George Gomes, who had recently cited Michael Fried for a parking violation, was targeted specifically, and photos of him were published which suggested improper conduct. George Gomes sued the Observer for libel, alleging that he requested that a retraction be printed. No retraction was printed, and Gomes sought damages of over $200,000. The editorial in question critized the San Leando police for "excessive use of force during arrests for minor violations," and argued that "some young officers should show greater respect for the public." The editorial also stated that "officers are not immune from violating the law, just because they're on duty."

The California Court of Appeals established that Fried's article was protected by the First Amendment, and Gomes, as a police officer, should be considered a public official. They wrote, "We find persuasive the following discussion of the Supreme Court of Illinois in Coursey v. Greater Niles Township Publishing Corp.:...The abuse of a patrolman's office can have great potentiality for social harm; hence, public discussion and public criticism directed towards the performance of that office cannot constitutionally be inhibited by threat of prosecution under State libel laws."