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.
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.
The key issue in Chaker v. Crogan is whether California Penal Code section 148.6 violates this fundamental principle by singling out and punishing a specific viewpoint – one critical of peace officer conduct.
Judge Titus recognized the public forum issue of posting comments online: “One does not have to walk over and look at another person’s bulletin board; nor does one Blog or Twitter user have to see what is posted on another person’s Blog or Twitter account.”
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.
