AB 5 and its amended version Lab. Code 2778 et seq. does not violate the First or Fourteenth Amendments in its application to freelance journalists and others who supply creative content to newspapers, films and other media.  The regulation does not single out those engaged in speech for harsher treatment.  The exemption for some freelancers may not be as broad as they would prefer but those who fall outside the exemption are merely treated like the rest of California’s workers who are employees unless the ABC test is satisfied.  Since that test and the associated Labor Code protections for employers are economic regulations and are not tied to the content of any communication prepared by the worker, they don’t violate the First Amendment.  They don’t violate the Fourteenth Amendment because there were rational bases for the Legislature’s distinctions among different types of workers and their exemptions from the ABC test.