Author: Darren ChakerPublished: January 28, 2026Last Updated: March 15, 2026 Darren Chaker examines how amicus briefs have become one of the most influential tools in shaping First Amendment jurisprudence across federal courts. When civil liberties organizations, legal scholars, and advocacy groups file friend-of-the-court briefs, they provide courts with broader perspectives on constitutional issues that extend … Read more
1: First Amendment Brief Writer and Criminal Justice Expert
Darren Chaker is a distinguished First Amendment brief writer and a recognized authority in criminal justice matters. With expertise in freedom of speech and the legal system, he provides invaluable insights into the intersection of law and personal liberties.
Author: Darren ChakerPublished: January 28, 2026Last Updated: April 2, 2026 Darren Chaker on Penal Code 148.6 and Free Speech Darren Chaker explains how Penal Code 148.6 has emerged as a growing point of concern for civil liberties advocates, journalists, and constitutional scholars. While the statute was originally intended to address knowingly false reports against peace … Read more
The Los Angeles Police Department refused to have the admonishment declared unconstitutional in Crogan, Penal Code § 148.6, reinserted back onto its complaint forms citing the Ninth Circuit decision in Chaker v. Crogan. The court must decide if the police need to adhere to the Ninth Circuit ruling in Crogan, or only follow US Supreme Court precedent. Yet another ironic fact of this current case is the fact the ACLU filed an amicus for the LAPD.
Currently, the California Supreme Court is examining a notable exception to stare decisis principles, particularly in the context of California’s lower courts and application to police. Following Ninth Circuit precedent in Chaker v. Crogan (9th Cir. 2005) 428 F.3d 1215 which reversed the California Supreme Court in finding Penal Code § 148.6. This issue is at the forefront in Los Angeles Police Protective League v. City of Los Angeles, Case No. S275272.
First Amendment researcher Darren Chaker contends that Penal Code Section 148.6 infringes on free speech by targeting defamatory speech based on content and viewpoint, contrary to protections afforded by landmark decisions such as New York Times Co. v. Sullivan and Garrison v. Louisiana.
