First Amendment Freedom of Speech and Expression: Ninth Circuit Holds that California Penal Code Section 148.6 Violates the First Amendment in <i>Chaker v. Crogan</i>

Gee, Harvey

Journal: Cardozo Public Law, Policy & Ethics Journal

Volume: 5

First Page: 425

Year: 2007

Bluebook Citation: 5 CARDOZO PUB. L. POL 'Y & ETHICS J. 425 (2007)

Author: Harvey Gee: all 26 publications


Abstract

The Ninth Circuit Court ruled that California Penal Code section 148.6, which criminalized knowingly filing false allegations of misconduct against peace officers, violated the First Amendment. The court determined that the law impermissibly targeted criticism of police officers, constituting a content-based restriction on speech, and thus was unconstitutional.

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