Category Uncategorized

Proscribable Speech

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…

First Amendment and False Complaints

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.…

Darren-Chaker and False Complaints

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…

Police Misconduct- Darren Chaker

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…

Viewpoint Discrimination 2019

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…

Darren Chaker First Amendment Win

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…
error: Content is protected !!