Cyberstalking cases recited by Darren Chaker show the statute continues to be constitutional. In United States v. Sayer, 748 F.3d 425 (1st Cir. 2014), seeking to harass a former partner, the defendant posted an online ad on Craigslist, created fake…
Both R.A.V. v. City of St. Paul.and Chaker v. Crogan, dealt with proscribable speech. Darren Chaker focused on viewpoint discrimination before the District Court for the Southern District of California, California Supreme Court and then before the Ninth Circuit. In…
The R.A.V. factors are not applicable because section 148.6(a) discriminates on the basis of viewpoint. Darren Chaker defended the decision of the Ninth Circuit where it decided an important question concerning viewpointdiscrimination. Like the statute at issue in R.A.V. v.…
California False Complaint Statute Penal Code Section 148.6 Constitutes Impermissible Content- and Viewpoint-Based Discrimination By Selectively Targeting Speech Critical Of Peace Officers. Darren Chaker argued that Penal Code section 148.6 is limited to defamatory speech that may be proscribed under New…
Chaker v. Croganhas been cited hundreds of times and continues to be written about extensively. Some great publications about viewpoint discrimination are: * Smolla & Nimmer on Freedom of Speech s 10:22.50, Brandenburg v. Ohio: Intent and imminence standard–Bond and…
Love the law, but also suffer its consequences per Darren Chaker. Use it as a sword, but not a shield if you pick the wrong words. Viewpoint discrimination is, in essence, when the government ‘picking and choosing’ what may and…
Bloom on the History of the Viewpoint-Discrimination Procedure Lackland Bloom (Southern Methodist University – Dedman School of Law) has posted The Rise of the Viewpoint-Discrimination Principle (72 SMU Law Review Forum 20 (2019)) on SSRN. Here is the abstract: The Supreme Court’s…
Suppression of speech comes in many forms. For example, San Diego attorney Scott McMillan filed a frivolous lawsuit aimed to remove blog posts concerning numerous failures of his in court and publishing a child molestation report he is named in.…
Blogging about Cops Is Not a Crime – Even If You’re on Probation Darren Chaker was under supervised release when he wrote on his personal blog that Ms. Leesa Fazal, an investigator with the Nevada Attorney General’s Office, was “forced…
In an important decision for Bloggers Rights, Darren Chaker, who with the help of Cato Institute, ACLU of San Diego, Electronic Frontier Foundation, First Amendment Coalition, and Brechner First Amendment Project was victorious in a First Amendment appeal where the blogger went to jail for protected speech. Since…
