The First Amendment does not protect purely private arbitration from abuse of process claims when arbitration is not an activity involving the government. In this case, a former Employee wins a binding arbitration against an Employer who brought a claim for violation of an employment contract. Employee sued for abuse of process, malicious prosecution, and civil conspiracy. The trial court did not instruct the jury on the heightened burden on plaintiffs to show that the arbitration lacked a reasonable factual basis on all three claims. The jury found for the Employee and the court awarded treble exemplary damages. The Supreme Court upheld both the decision not to apply the heightened standards to purely private arbitration and its discretionary decision to treble exemplary damages based on in-house counsels’ willful and wanton abuse of litigation and discovery procedures.